The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The sentence (700,000 won) imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, the records of this case show that the defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court on November 3, 2016 and the above judgment became final and conclusive on April 8, 2017. The above crime and the crime in the judgment of the court below, for which the judgment became final and conclusive, shall be sentenced to punishment for the crime in the judgment of the court below in consideration of equity with the case where the judgment is concurrently held in accordance with the main sentence of Article 39(1) of the Criminal Act, since the above crime and the crime in the judgment of the court below are concurrent crimes after Article 37 of the Criminal Act. In this regard, the judgment of the

3. In conclusion, 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 about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court are all criminal facts of the judgment below, and the judgment of the court below became final and conclusive on April 8, 2017 upon having been sentenced to imprisonment with prison labor for one year at the Incheon District Court on November 3, 2016.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under the proviso of Article 186(1) of the Criminal Procedure Act, which recognizes and reflects the instant crime, is the concurrent crimes of fraud for which the judgment has become final and the latter part of Article 37 of the Criminal Act.