The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The gist of the Defendant’s appeal grounds (unfair sentencing) is unreasonable in light of the fact that the court below’s sentence of KRW 300,000 is too unreasonable in light of the following: (a) it is necessary to consider equity with the case where the judgment becomes final and conclusive at the same time with each of the instant crimes; and (b) the Defendant is

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

According to the records, the defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. in support of Sungnam branch on July 29, 2015 (hereinafter “final judgment”), which became final and conclusive on November 5, 2015, and the defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. committed on or before the date a final and conclusive judgment became final and conclusive in the same court on November 20, 2015 and was sentenced to the final and conclusive judgment on April 5, 2016 (hereinafter “final judgment”) prior to the pronouncement of the lower judgment.

However, since each of the instant frauds is in conflict with the crimes of the final and conclusive judgment No. 1 and the crimes of the final and conclusive judgment No. 2 and the crimes of the latter part of Article 37 of the Criminal Act, the punishment should be determined by taking account of equity in cases where all of the said crimes are concurrently adjudicated pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2012Do1291, Dec. 27, 2012). Therefore, the lower judgment that rendered a sentence without considering equity in cases where each of the instant frauds and the crimes of the final and conclusive judgment No. 1 are concurrently adjudicated, taking into account equity in cases where each of the instant frauds and the crimes of the final and conclusive judgment No. 2 are concurrently adjudicated

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 improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are as follows: "The criminal records of the court below" in the part concerning the crime of the court below.