The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. According to the evidence duly admitted and examined by the first instance court as to the grounds for appeal by the Defendant’s ex officio, prior to examining the grounds for appeal, the Defendant was sentenced to a suspended sentence of eight months in imprisonment with prison labor at the Seoul Western District Court on February 3, 2016, and two years in suspension of execution for the purpose of fraud.

7. 15. Recognizing the fact that the judgment became final and conclusive, the court below omitted the fact that the crime of this case was in the relation of the established fraud and the concurrent crimes of the latter part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained any more.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, on the ground that the above ground for reversal is reversed ex officio. It is so decided as per Disposition by the assent of all participating Justices.

[Re-use] The summary of the facts constituting the crime and the evidence admitted by the court is the same year as the defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for 2 years and 10 months at the Seoul High Court on January 12, 2012, which was sentenced to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). On February 3, 2016, the Seoul Western District Court sentenced to a suspended sentence of 2 years of imprisonment with prison labor for 8 months for fraud.

7. 15. The judgment became final and conclusive.

“Along with the addition of “the search of the case and the addition of “the copy of the text of the judgment of Seoul Western District Court Decision 2015 Godan 2904” to the preceding part of the judgment in the summary of the evidence, it is identical to the description of each corresponding column of the judgment 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. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.