The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The punishment of the lower court (4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

According to the records of this case, on June 13, 2012, the defendant was sentenced to imprisonment with prison labor for one year and two months at the Gwangju District Court for the crime of fraud, fabrication of private documents, the crime of gambling in the above investigation document, and the crime of embezzlement (hereinafter “crime of forging private documents, etc.”) and confirmed on June 21, 2012, and sentenced two years to imprisonment with prison labor at the Gwangju District Court on June 17, 2016, and the above judgment becomes final and conclusive on October 14, 2016, and (3) criminal records, such as the crime of forging private documents, are crimes committed before the final judgment of the crime of embezzlement, etc.

Therefore, since both the crimes in the judgment of the court below and each of the crimes for which the above judgment has become final and conclusive are concurrent crimes under Article 37 of the Criminal Act, the punishment shall be determined after considering equity and the mitigation or exemption of punishment, and examining whether to reduce or exempt the punishment (see Supreme Court Decision 2008Do209, Oct. 23, 2008). However, the court below decided the punishment for the crimes in the judgment of the court below after examining whether to reduce or exempt the punishment in accordance with Article 39(1) of the Criminal Act, on the grounds that the court below did not state only the previous crimes such as fraud, and did not state the remaining previous crimes in the application of Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be seen as being reversed.

3. In conclusion, the judgment of the court below is reversed and the pleadings are made in accordance with Article 364 (2) of the Criminal Procedure Act, without examining each of the above grounds for reversal, on the grounds that the judgment of the court below is reversed ex officio.