The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

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

According to the records of this case, the Defendant was sentenced to ten months of imprisonment for fraud and embezzlement at the Gangseo branch court of the Chuncheon District Court on April 16, 2015, and the judgment became final and conclusive on April 24, 2015.

As above, in a concurrent relationship between fraud, etc. for which judgment has become final and conclusive and each of the crimes of this case, punishment for each of the crimes of this case shall be determined in consideration of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Dao-written judgment] The summary of the facts constituting an offense and evidence admitted by this court and the summary of the evidence are all the facts constituting an offense in the judgment of the court below, except for adding "the defendant was sentenced on April 16, 2015 to ten months of imprisonment with prison labor for a crime and a crime of embezzlement from the Gangnam Branch Branch of the Chuncheon District Court on April 16, 2015 and the judgment became final and conclusive on April 24, 2015," and therefore, it is identical to each corresponding column in the judgment of the court below. Thus, it is cited

Application of Statutes

1. Articles 246 (1) and 246 (1) and 32 of the Criminal Act concerning the facts constituting an offense;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order do not coincide with that of the defendant.