The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. According to the records of this case and the court below’s duly examined on January 2, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daegu District Court Kimcheon Branch on January 2, 2014, and the judgment became final and conclusive on April 11, 2014. As above, the crime of fraud and the Defendant, which became final and conclusive, in relation to the latter concurrent crimes under Article 37(1) of the Criminal Act, are determined by the sentence after considering equity and the mitigation or exemption of punishment in accordance with Article 39(1) of the Criminal Act. As such, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.

Criminal facts

In the first chapter of the judgment of the court below, the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for adding "1. previous conviction: Kimcheon-Support 2013Kadan1480, and the case tax inquiry of the case," respectively, to "the defendant was sentenced to one year of imprisonment for a crime in the Daegu District Court Kimcheon-Support on January 2, 2014, and that judgment became final and conclusive on April 11, 2014" in the first chapter of the judgment of the court below as stated in the corresponding column of the judgment of the court below. Thus, it is accepted as is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 2(2) of the Addenda (Article 9344), and Article 19(2)3 of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012).