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 summary of the grounds for appeal is too heavy (a fine of three million won) imposed by the lower court.

2. According to the records of ex officio determination, the Defendant appealed eight months of imprisonment with prison labor for the crime of larceny and unlawful uttering of official documents in Ansan District Court’s Ansan Branch on December 27, 2012, but was sentenced to dismissal on April 10, 2013 by the Suwon District Court, which became final and conclusive on April 18, 2013.

As above, in relation to the crime of larceny and the crime of this case for which judgment became final and conclusive, punishment shall be determined in consideration of equity in the case where judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act, and the judgment of the court below was no longer maintained in this regard.

3. If so, 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 that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court below and the summary of the evidence are as follows: "The defendant was sentenced on December 27, 2012 to be sentenced to eight months for the crime of larceny and unlawful uttering of official documents at the Ansan District Court's Ansan Branch, and the judgment became final and conclusive on April 18, 2013" was added to the summary of the evidence, and as it is the same as the statement in each corresponding column of the judgment of the court below in addition to adding "1. prosecution (criminal records and court rulings)" to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Larceny: Article 329 (Selection of Fine) of the Criminal Act;

(b) Infringement of buildings: Article 319 (1) of the Criminal Act. Article 319 (Selection of Fine);

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

1. A concurrent offense with the punishment provided for in the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act and the punishment provided for in the larceny of December 17, 201, with the largest punishment for concurrent crimes.