The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the penalty (2 million won) imposed by the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, on June 27, 2018, the Defendant was sentenced to a suspended sentence of two months for fraud at the Seoul Eastern District Court, and on July 5, 2018, the Defendant became final and conclusive.

The above fraud, for which the judgment of the court below has become final and conclusive, is a concurrent crime of the latter part of Article 37 of the Criminal Act, and the punishment shall be imposed in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting a crime and evidence admitted by this court is as stated in each corresponding column of the judgment below, except for adding "the defendant was sentenced to one year to a suspended sentence of imprisonment for a crime in February at the Seoul Eastern District Court on June 27, 2018 and the judgment became final and conclusive on July 5, 2018" to the first head of the crime history in the original sentence 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 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse is the amount of damage suffered by a victim (a favorable circumstance) that is relatively small.

The equity between fraud and the case in which a judgment has become final and conclusive shall be taken into account at the same time when the judgment has been rendered.

[Unfavorable circumstances] The defendant has been punished several times for the same crime, but is the same.