Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

According to the records, the Defendant was sentenced to one year of imprisonment for a crime of fraud at a wooden branch of the Gwangju District Court on May 19, 2017, and the above judgment became final and conclusive on July 20, 2017. As such, the crime of fraud for which judgment has become final and conclusive and the crime of fraud for which judgment has become final and conclusive on July 20, 2017 shall be determined after considering the case of concurrent crimes under Article 39(1) of the Criminal Act in relation to the latter part of Article 37 of the Criminal Act, taking into account the equity and the reduction or exemption of punishment, and then the judgment of the lower

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime recognized by this court and the summary of the evidence are as follows: “The Defendant was sentenced to one year of imprisonment for a crime in the Gwangju District Court’s Branch on May 19, 2017, and the said judgment became final and conclusive on July 20, 2017,” and except for addition of “the Defendant’s legal statement: the Defendant’s statement” on July 20, 2017 following the second page 9 of the lower judgment, it is identical to each corresponding column of the lower court’s judgment, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Considering the fact that the reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act (hereinafter “the instant crime”) is not good, strict punishment against the Defendant is required.

However, the defendant's mistake is often divided, and the amount of damage is.