The judgment of the court below is reversed.

A fine of 2.0 million won shall be imposed on the second offense in the judgment of the defendant with respect to the first offense.

1. The decision of the court below on the summary of the grounds for appeal (the fine of 2 million won in respect of the crime No. 1, 6 months of imprisonment with prison labor for the crime No. 1, and the case No. 2 in its decision) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that the Defendant was sentenced on December 9, 201 to six months of imprisonment and two years of suspended execution, four months of imprisonment, and two years of suspended execution at the Seoul Western District Court on December 9, 2014 and that the said judgment became final and conclusive on December 17, 2014.

As such, each crime of fraud for which judgment has become final and conclusive and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, after considering equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the punishment,

The judgment of the court below which did not take such measures shall not escape from reversal.

3. 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, on the grounds of ex officio reversal as seen earlier, and it is again decided as follows.

[C] The summary of the facts constituting a crime and the evidence presented by this court was confirmed as "the second conviction" among the facts constituting a crime. On December 9, 2014, the Seoul Western District Court sentenced 6 months of imprisonment and 2 years of suspended execution, 4 months of imprisonment and 2 years of suspended execution, and 2 years of suspended execution at the Seoul Western District Court, which became final and conclusive on December 17, 2014." The above judgment was added to "1. In addition, "Conet case search, decision (Seoul Western District Court 2013Ma1609)" as stated in each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (the punishment of imprisonment with prison labor for the crime No. 1 at the time of sale and the fine for the crime No. 2 at the time of sale) is applicable to the relevant criminal facts and the choice of punishment.