The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The decision of the court below on the summary of the grounds for appeal (700,000 won of fine) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the records of this case show that the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Seoul Southern District Court on January 17, 2013 and the above judgment became final and conclusive on February 5, 2013. The above crime and the crime of this case, for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act. In such a case, the punishment should be determined by taking into account equity with the case where the judgment is rendered simultaneously under Article 39(1) of the Criminal Act.

Therefore, in accordance with Article 39(1) of the Criminal Act, the judgment of the court below which did not determine punishment for the crime of this case can no longer be maintained.

3. Therefore, 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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant is sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on January 17, 2013 and the above judgment becomes final and conclusive on February 5, 2013" in the first copy of the facts charged of the judgment of the court below; and 1. The judgment prior to the judgment of the court below on February 5, 2013: the result of the case search and the copy of the judgment is the same as each corresponding column of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts, and the choice of fines;

1. The punishment of concurrent crimes, the latter part of Article 37 of the Criminal Act, Article 39(1) of the Criminal Act, the fact that the defendant repents and reflects his wrongs in depth, the fact that the defendant agreed with the victim, and the above crime of fraud for which the judgment has become final and conclusive and Article 37 of the Criminal Act.