Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

2. According to the records of ex officio determination, the Defendant was sentenced to three years and eight months of imprisonment for fraud, etc. at the Seoul Central District Court on February 8, 2018, and on May 15, 2018, which became final and conclusive on May 15, 2018. As such, each crime of the lower judgment against the Defendant and the above crime of fraud, etc., for which the judgment became final and conclusive, are in a concurrent relationship with the Defendant after Article 37 of the Criminal Act, and should be sentenced to punishment for each crime of the lower judgment in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to the first sentence of Article 39(1)

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is rendered through pleading.

Criminal facts

The summary of the defendant's criminal facts and evidence recognized by this court is that "the defendant was sentenced to three years and eight months in imprisonment with prison labor at the Seoul Central District Court on February 8, 2018 and the above judgment was finalized on May 15, 2018.

“A previous conviction in the judgment of the court below in the summary of evidence”, except for adding “1. Before the judgment,” “Conet search and judgment (2017 No. 3319, No. 2017 order 2281)” to the text of evidence, this shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, since it is the same as the description of each corresponding column of the court below.

Application of Statutes

1. 범죄사실에 대한 해당 법조 및 형의 선택 형법 제 347조 제 1 항( 사기의 점), 여신전문 금융업 법 제 70조 제 3 항 제 2호 ㈎ 목( 신용카드 거래를 통한 자금 융통의 점), 각 벌금형 선택

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.