The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the case did not have the right to institute a public prosecution or that the Seoul Eastern District Court rendered a ruling by combining the case with 1323 cases.

2. Prior to the judgment on the grounds for appeal by the defendant, the records show that the defendant was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court on August 25, 2016, and the above judgment became final and conclusive on March 9, 2017 (Seoul East District Court Decision 2016 Godong District Court Decision 1627, 1323, 2016, and 2016Do21394). The above crime for which the judgment became final and conclusive are concurrent crimes under Article 37 of the Criminal Act, and the crime of the lower judgment is determined by taking into account equity with the case where the judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal Act. Thus, the lower judgment becomes null and void.

The defendant's above assertion is still subject to the judgment of this court despite the above reasons for reversal of authority. Thus, in light of the records, there is an error in the prosecution procedure of this case in light of examination and examination.

On the other hand, in the case of a motion for consolidation of pleadings, the issue of whether to consolidate the pleadings belongs to the court's discretion, and there is no application for consolidation of pleadings in this case.

The above assertion by the defendant is without merit.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the court below's judgment is reversed ex officio, and the following judgment is rendered after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence recognized by the court, and the summary of the facts constituting a crime, “The Defendant was sentenced to eight months imprisonment with prison labor at the Seoul Eastern District Court on August 25, 2016, and the said judgment became final and conclusive on March 9, 2017.

“Additional” and “1. A previous conviction in the summary of the evidence”: A written reply to inquiries, such as criminal history, shall be added.