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 sentence of the lower court (the fine of KRW 3,00,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. According to the records of this case, prior to the judgment on the assertion of unfair sentencing by the Defendant and his counsel, prior to the judgment on the assertion of unfair sentencing by authority, the Defendant was sentenced on August 31, 201 by the Suwon District Court to assault and assault, imprisonment with labor for fraud, one year and six months on December 24, 2011, and the above judgment became final and conclusive on December 24, 2011. As such, on the grounds that the crime of assault, fraud and the crime of this case, which became final and conclusive, are concurrently related to concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to concurrently render a judgment under Article 39(1) of the Criminal Act, taking into account the equity and the mitigation or exemption

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and his defense counsel's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced on August 31, 201 to the Suwon District Court for assault, assault, and imprisonment with prison labor for fraud on December 24, 201, and the above judgment became final and conclusive on December 24, 2011." The summary of the evidence is as follows: "1. The previous records of the judgment in the judgment in the summary of the evidence: In addition, "1..............., criminal records: the inquiry of criminal records, the judgment (Ui District Court 201Gohap201, etc.), and the case detailed inquiry" are as stated in each corresponding column of the judgment in accordance with Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

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