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

The above fine shall not be paid by the defendant.

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

"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive

According to the records, on January 12, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Friwon, and on March 23, 2018, recognized the fact that the said judgment became final and conclusive.

Therefore, the judgment of the court below should be sentenced in consideration of equity and the case of judgment at the same time as the above judgment of fraud becomes final and conclusive.

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

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court is the first instance of the criminal column of the judgment of the court below and the judgment of the court below became final and conclusive on March 23, 2018, when the defendant was sentenced to imprisonment with prison labor for a term of fraud from the Suwon Giwon on January 12, 2018.

With the exception of adding "," it is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) (the inter-crimes in fraud for which judgment becomes final and conclusive and each of the crimes in judgment);

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code (the most likely to commit a crime) of the Act on the Aggravation of Concurrent Crimes.