The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to a suspended sentence of two years for a period of eight months in imprisonment for fraud at the Seoul Southern District Court on January 12, 2012.

1. 20. The above judgment has become final and conclusive, and on May 28, 2014, the Gwangju District Court sentenced six months and two months to imprisonment for fraud;

6.6. 6. It can be recognized that the above judgment became final and conclusive. As such, since each crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity with the case where judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act, the judgment of the court below

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again ruled as follows after hearing.

[Dac] The criminal facts of the defendant and the summary of the evidence recognized by the court in light of the criminal facts and the summary of the evidence are as follows. The first head of the judgment of the court below is "the defendant shall be sentenced to a suspended sentence of two years for a period of eight months on January 12, 2012 in Seoul Southern District Court for criminal fraud."

1. 20. The above judgment was finalized, and on May 28, 2014, the Gwangju District Court has been sentenced to imprisonment for six months and two months for fraud;

6.6. A person for whom the above judgment has become final and conclusive.

In addition to the addition of “the Defendant’s legal statement” in the summary column of the evidence, it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The latter part of Article 37 of the Criminal Code and Article 39(1) of the Criminal Code for dealing with concurrent crimes;