The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (a fine of KRW 700,000) is too unreasonable in light of the gist of the grounds for appeal.

2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.

According to the records of this case, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Busan District Court on September 4, 2014 due to the crime of larceny, etc., and such judgment became final and conclusive on January 29, 2015. Since the crime of this case is a crime committed before the above judgment becomes final and conclusive, the above crime of this case and the latter part of Article 37 of the Criminal Act are concurrent crimes with the crime of this case, which became final and conclusive and conclusive, and thus, a punishment should be determined after considering the equity and the mitigation or exemption of the punishment pursuant to Article 39(

In this respect, the judgment of the court below is no longer maintained.

3. 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, on the ground that the above grounds for reversal ex officio, and the judgment below is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced to imprisonment on September 4, 2014 by the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the judgment became final and conclusive on January 29, 2015" in the first head of the criminal facts; and "1. The previous criminal records in the judgment of the court: the results of the Konet case are added to "the results of the search of the Konet case" at the end of the summary of the evidence, and therefore, they are cited as it is in accordance with Article 369 of the Criminal

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. The Criminal Procedure Act;