The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment (one million won of fine) imposed on the defendant by the court below is too unreasonable.

Judgment

Before determining the Defendant’s grounds for appeal, the Defendant was sentenced to a suspended sentence of one-year imprisonment by the Seoul Northern District Court on July 19, 2012 due to the crime of interference with business, etc. on July 27, 2012, and the said judgment becomes final and conclusive on July 27, 2012. As such, the crime of interference with business, etc., for which the judgment became final and conclusive, is in the concurrent relationship between the crime of violating the Guarantee of Automobile Accident Compensation Act and the crime of interference with business under the latter part of Article 37 of the Criminal Act and the crime of interference with business under the latter part of Article 39(1) of the Criminal Act

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the grounds for appeal on the grounds for appeal on unreasonable sentencing of the defendant.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the first head of the lower judgment’s criminal facts, except for adding “the Defendant was sentenced to two years of suspended execution on July 19, 2012 by imprisonment with prison labor at the Seoul Northern District Court for the crime of interference with business, etc. on July 27, 2012, and the said judgment became final and conclusive on July 2012,” and thus, it is identical to each corresponding column of the lower judgment. As such, it is cited in accordance with

Application of Statutes

1. Relevant legal provisions and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012) concerning criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's reasons for sentencing of Articles 70 and 69 (2) of the Criminal Act in the custody of a workhouse do not subscribe to mandatory insurance.