The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (3 million won in punishment).

2. On July 17, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court on July 25, 2014, and the judgment became final and conclusive on July 25, 2014. On January 9, 2015, the Seoul District Court sentenced six months of imprisonment for fraud at the Seoul District Court and became final and conclusive on January 17, 2015.

As above, each crime for which judgment has become final and conclusive and the crime of fraud of this case are concurrent crimes of the latter part of Article 37 of the Criminal Act, and the punishment should be imposed in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with Article 39 (1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. If so, 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, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the evidence are as follows: “criminal facts” as stated in the first head of the judgment of the court below was sentenced to six months of imprisonment with prison labor at the Busan District Court on July 17, 2014 and the judgment became final on July 25, 2014; on January 9, 2015, the Seoul Central District Court sentenced the Defendant to six months of imprisonment with prison labor for fraud and became final and conclusive on January 17, 2015.

In addition, “a summary of evidence” is added to “one day before and after the judgment,” and “a summary of evidence” as stated in the last column of the judgment of the court below, except for each of the following columns: “The results of the inspection of the Net case [the Busan District Court Decision 2014No. 309, the Seoul Central District Court Decision 7728, the Highest 7980, the Highest 79800, the Highest 2014, the Busan District Court Decision 2014 No. 309, the Busan District Court Decision 2013 Highest 503 Highest 503, the Busan District Court Decision 2014 Highest 728, the Highest 7980, the Highest 2014 Highest 7980, the District Court Decision 369 of the Criminal Procedure Act” is cited as it is.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Punishment;