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 sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

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

According to the records, the defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Eastern District Court on September 7, 2017, and on January 26, 2018, the above judgment became final and conclusive on January 26, 2018 [Seoul Eastern District Court 2017 Godong District Court 1097, 1292 (Joint), 1474 (Joint), 1475 (Joint), 1903 (Joint), 1903 (Joint), Seoul East Eastern District Court 2017 No. 1361, 2017; 2131]

Therefore, each crime of the judgment of the court below against the defendant is in the relation of concurrent crimes between the above crime of fraud, etc. for which judgment has become final and conclusive, and Article 37 of the Criminal Act, and the punishment shall be imposed in consideration of equity in the case of concurrent judgments pursuant to Article 39 (1) of the Criminal Act. Since the court below rendered a sentence without considering it, the judgment of the court below cannot be maintained any longer

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is delivered after pleading.

[Majority Opinion] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: “The Defendant was sentenced to imprisonment with prison labor for one year at the Seoul Eastern District Court on September 7, 2017 and the said judgment became final and conclusive on January 26, 2018.”

The addition of “a summary of evidence” and “a summary of the evidence” at the end of the word “1. A detailed inquiry of a person subject to personal information”;

1. Previous convictions in the Supreme Court Decision: Along with the addition of the search of the Supreme Court’s case (Seoul Eastern District Court Decision 2017No. 1361) and the text of the judgment (Seoul Eastern District Court Decision 2017 Height 1097), it is identical to the corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the punishment of sexual crimes subject to the option of punishment;