The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the court below is too unreasonable.

2. The Defendant’s ex officio determination is examined prior to the determination of the allegation of unfair sentencing.

According to the records, the defendant's criminal records are recognized.

(1) First offense: The Defendant was sentenced to four months of imprisonment for embezzlement at the Seoul Northern District Court on July 21, 2016, and the judgment became final and conclusive on October 6, 2016.

(2) Second offense: On November 4, 2016, the Defendant was sentenced to six months of imprisonment for fraud and larceny at the Seoul Northern District Court, and the judgment became final and conclusive on April 5, 2017.

(3) Previouss 3: The Defendant was sentenced to five months of imprisonment with labor for a violation of the Military Service Act at the Seoul Northern District Court on October 31, 2016, and the judgment became final and conclusive on June 9, 2017.

④ Formers 4: The Defendant was sentenced in the Seoul High Court on May 16, 2018 to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the crime of forging private documents, the crime of uttering of a falsified document, and the crime of embezzlement, and the judgment on June 28, 2018 became final and conclusive.

The court below held that only the crime of the crime of the judgment of the court below against the defendant and the crime of the first criminal record, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and determined a punishment in consideration of equity with the case of the judgment at the same time. However, the crime of the judgment of the court below is also concurrent crimes under the latter part of Article 37 of the Criminal Act, such as the crime of the second criminal record, the crime of the violation of the Military Service

Therefore, punishment should be determined in consideration of equity in cases where each crime of the judgment of the court below and each crime of the first to fourth crimes are judged at the same time.

(See Supreme Court Decision 2008Do209 Decided October 23, 2008, etc.). The lower judgment erred by misapprehending the legal doctrine under Article 39(1) of the Criminal Act, thereby adversely affecting the conclusion of the judgment.

3. The judgment of the court below is based on the above reasons for reversal ex officio.