Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

2. In light of the records of this case, prior to the judgment on the grounds for appeal on the grounds for appeal (ex officio judgment), the defendant was sentenced to 8 months of imprisonment for fraud, etc. at the Seoul Northern District Court on April 12, 2013, and the facts established on the 20th day of the same month can be recognized. As such, the crime of fraud, etc. in this case, which became final and conclusive, is in the concurrent relationship between the crime of fraud, etc. in the latter part of Article 37 of the Criminal Act and the crime of fraud in this case, taking into account equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act,

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the following is again decided after oral argument.

Criminal facts

The summary of the facts of the instant crime and evidence is as follows: “The Defendant was sentenced to 8 months of imprisonment with prison labor at the Seoul Northern District Court on April 12, 2013, which became final and conclusive on the 20th of the same month, for fraud, etc. at the Seoul Northern District Court on April 12, 2013;” and “1. Defendant’s trial statement at the trial on the trial of the Defendant” and “stegyms section”

1. In addition to addition of references to criminal records and copies of written judgments, the same shall apply to each corresponding column of the lower judgment, and thus, the same shall be cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of a fine for the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order have many criminal records.