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.

The gist of the Defendant’s grounds for appeal is that the sentence of the lower court, which sentenced the Defendant to a fine of KRW 2,00,000, is too unreasonable in light of the fact that the Defendant’s damage caused by the instant crime is not so severe, the damage is recovered, and the equity between the case where the instant crime is judged simultaneously with the case where the sentence of imprisonment for ten months already became final and conclusive.

Prior to the determination on the grounds for appeal above, according to each of the above judgments, such as crypnet case search, Seoul Eastern District Court 2015Hadan3116, etc., the defendant was sentenced to ten months of imprisonment with prison labor on December 17, 2015 at the Seoul Eastern District Court on June 17, 2016, and the above judgment became final and conclusive on June 17, 2016. Since the crime of this case is in the concurrent relationship between the crime for which the judgment became final and the latter part of Article 37 of the Criminal Act, the punishment for the crime of this case shall be determined at the same time in consideration of equity and the case for which the judgment becomes final and conclusive pursuant to Article 39(1) of the Criminal Act. In this respect

Therefore, pursuant to Article 364(2) and (6) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio, and it is again decided as follows.

[C] The summary of the criminal facts and evidence against the defendant recognized by this court was corrected as "ended," and then the Seoul Eastern District Court sentenced 10 months to imprisonment with labor for fraud, etc. on December 17, 2015, which became final and conclusive on June 17, 2016.

“A previous conviction in the judgment of the court below” shall be added to “1. A summary of the evidence” in the last part, except for the addition of “1. Pnet case search and Seoul Eastern District Court Decision 2015Da3116, etc.”, the corresponding columns of the court below shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 of the Criminal Act concerning criminal facts and the choice of punishment.