Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Defendant

In addition, the defense counsel withdrawn the assertion of mistake of facts during the first trial.

2. According to evidence duly adopted and examined by the court below on February 7, 2014, the defendant was sentenced to a suspended sentence of one year and six months for the crime of occupational embezzlement at the Incheon District Court on February 7, 2014, and the judgment became final and conclusive on February 15, 2014. Since the crime in the decision of the court below is in the relation between the crime of occupational embezzlement and the crime of latter part of Article 37 of the Criminal Act for which judgment has already become final and conclusive, the punishment shall be determined after examining whether to reduce or exempt punishment by taking into account the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and equity in the application of the law of the court below. Since the application of the law of the court below was omitted, the judgment below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to three years of suspension of execution on February 15, 2014 for the crime of occupational embezzlement at the Incheon District Court on February 7, 2014, and the above judgment became final and conclusive on February 15, 2014" was added in the preceding part of the facts charged, and the summary of the evidence was as stated in the judgment of the court below on February 15, 2014.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.