The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the lower court (e.g., a fine of KRW 5,00) is too uneased and unreasonable.

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

According to the evidence duly adopted and examined by the trial court, the Defendant was sentenced to six months of imprisonment with prison labor from the Suwon District Court Sungnam Branch on September 5, 2018, and the judgment became final and conclusive on November 16, 2018. As above, the crime of interference with business and each of the crimes of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes of this case is determined in consideration of equity and cases at the same time under Article 39(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows

[Grounds for the judgment of the court below] The summary of the facts constituting a crime and evidence recognized by the court below are as follows: "The defendant was sentenced to six months from September 5, 2018 to imprisonment with prison labor for the crime of interference with business, and the judgment became final and conclusive on November 16, 2018," in all the facts constituting a crime of the court below; "1. The summary of the judgment of the court below is as stated in the corresponding column of the court below, except for addition of the copy of the judgment of the court (Seoul District Court 2018 High Court 2018 High Court Dadan11599), the copy of the judgment (Seoul High Court 2018No5725), the copy of the judgment (Seoul High Court 2018No5725) and the case detailed inquiry."

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act and the selection 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 and Article 38(1) of the Criminal Act are applicable;