The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 10,000,000) against the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by authority, the fact that the Defendant was sentenced to ten months of imprisonment with prison labor at the Incheon District Court on October 2, 2015 and the said judgment became final and conclusive on November 27, 2015 is significant in this court. As such, the crime of fraud, etc., for which the judgment became final and conclusive, and the crime of this case, etc., are determined by considering the equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes after Article 37 of the Criminal Act, and thus, the lower judgment

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

Criminal facts

On October 2, 2015, the first head of the lower judgment on the summary of the evidence was sentenced to imprisonment with prison labor for fraud, etc. by the Incheon District Court on October 2, 2015, and the said judgment became final and conclusive on November 27, 2015.

“Additional” is added and the summary of the evidence of the lower judgment is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “1. Defendant’s trial testimony” in the corresponding column of “2015 High Court Decision 2373,” on the grounds that it is identical to each corresponding column of the lower judgment.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of each embezzlement), Article 257(1) of the Criminal Act (the point of injury), and the choice of each fine for a crime;

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

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 of Article 334 (1) of the Criminal Procedure Act is the appellate court.