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 decision of the court below on the summary of the grounds for appeal is too unreasonable as the punishment (1,00,000 won penalty) imposed on the defendant is too unreasonable.

2. Before the judgment on the grounds of appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to one year of suspension of execution on May 21, 2015 to six months of imprisonment with prison labor at the Busan District Court on the grounds of perjury, and the judgment became final and conclusive on May 29, 2015. As such, the crime in the judgment of the court below is in a concurrent relationship with the crime of perjury for which judgment became final and conclusive under Article 37 of the Criminal Act, and is determined by taking into account equity with the case of concurrent crimes under Article 39(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The judgment below is reversed and it is again decided as follows after pleading.

[Grounds for a new judgment] The criminal facts and summary of evidence recognized by the court and the summary of the evidence are the criminal facts of the judgment of the court below. The judgment of the court below became final and conclusive on May 29, 2015, when the defendant was sentenced to a suspended sentence of one year for a term of six months for the commission of perjury at the Busan District Court on May 21, 2015.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, in addition to adding “a prior conviction in the judgment of the court below: a written inquiry about criminal history” to the column for the evidence. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime, which became final and conclusive on May 29, 2015, is the crime of perjury and the crime of concurrent crimes by a group after Article 37 of the Criminal Act, and Article 39(1) of the Criminal Act is the same.