Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

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

According to the records, the defendant was sentenced to one year of imprisonment for fraud at the Daejeon District Court on May 13, 2020, and on October 30, 2020, the Supreme Court dismissed the appeal and the judgment became final and conclusive.

The instant crime of fraud is a concurrent crime between the crime of fraud for which a judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, and the punishment shall be determined by taking into account equity with the case to be adjudicated at the same time pursuant to Article

Therefore, the judgment of the court below can no longer be maintained.

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

[The reason for the judgment of multiple times] The defendant was sentenced to imprisonment with prison labor for a crime in the Daejeon District Court on May 13, 2020, and the judgment became final and conclusive on October 30, 2020.

【Criminal Facts】

On February 1, 2019, the Defendant sent a notice to the Internet B site with a cell phone at a place where it is impossible to know the place, which reads that “The Defendant would pay the full amount of the fee on deposit with 10% discount from the cell phone fee of the party,” and that “The Defendant would pay the full amount of the fee on deposit with the party’s cell phone.”

However, in fact, the defendant was planned to use the money received from the victim for the repayment of personal debts, and there was no intention or ability to pay mobile phone charges to the victim normally.

Nevertheless, the Defendant, by deceiving the victim as above, received 697,000 won from the victim to the single bank account under the name of the Defendant on the same day and acquired it by fraud.

Summary of Evidence

1. The defendant;