The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the evidence submitted by the Prosecutor was examined by the first instance court, and the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court on September 22, 2015 and the judgment became final and conclusive on November 3, 2016. As above, the crime of fraud and the crime of this case, for which judgment became final and conclusive, are determined after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and thus, the lower court cannot be maintained in this respect.

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 unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows. The first head of the original judgment on September 22, 2015, "the defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court on November 3, 2016, and the judgment became final and conclusive on November 3, 2016.

“Before the judgment of the court below” was added to “1. Before the judgment of the court below: Daegu District Court 2015 High Court 2015 High Court 15 High Court 20183 High Court 2015 High Court 2015 High Court 20128 High Court 201 and Supreme Court 2016Do 142111” in the column for the evidence. Thus, it is identical to each corresponding column of the court below, and thus, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant's mistake is divided.