The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of this case’s ex officio determination, the Defendant was sentenced to imprisonment with prison labor on March 28, 2014 at the Incheon District Court for fraud, etc. and the judgment became final and conclusive on May 13, 2014.

Since the crime of fraud, etc. for which judgment has become final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined by taking into account equity and equity with the case to be adjudicated at the same time pursuant to Article 39(1) of the Criminal Act, the lower

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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, except for the addition of "the defendant was sentenced on March 28, 2014 by the Incheon District Court to imprisonment with prison labor for a period of one year and six months for fraud, etc. and such judgment became final and conclusive on May 13, 2014" in the front of the facts charged of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, the choice of fines for the crime, and the choice of fines for the crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the records of this case and all the sentencing conditions shown in the pleadings, and the fact that the defendant has a lot of criminal records for the same kind of offense, shall be determined as the disposition.