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 decision of the court below on the summary of the grounds for appeal (a fine of three million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to eight months of imprisonment for fraud, etc. at the Suwon District Court on February 5, 2015, and the judgment became final and conclusive on April 13, 2015 while the appellate court of this case continues to exist. The defendant's crime of this case and the crime for which the judgment became final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by the punishment after examining whether to reduce or exempt the punishment in consideration of equity with the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act. In this regard, the judgment of the court below cannot be

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is that the first head of the judgment of the court below is that "the defendant was sentenced to eight months of imprisonment for fraud, etc. at the Suwon District Court on February 5, 2015 and the judgment became final and conclusive on April 13, 2015." The summary of the judgment of the court below is the same as that of each corresponding column of the judgment of the court below, except for adding "1...................... the investigation of the records of crime and investigation records, and a copy of the judgment," respectively.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the same crimes in the past.