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 summary of the grounds for appeal is unreasonable because the lower court’s punishment (2.5 million won) is too large.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court on December 12, 2018, as stated in the first head of the crime in the judgment below, and the judgment became final and conclusive on June 10, 2019. On July 4, 2019, the Seoul Central District Court sentenced four months of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and became final and conclusive on November 29, 2019.

The instant crime of fraud is not only one of the crimes for which the judgment of the court below was made on June 10, 2019, taking into account its equity, but also the concurrent crimes under the latter part of Article 37 of the Criminal Act with each of the crimes for which the judgment of November 29, 2019 became final and conclusive. As such, the judgment of the court below cannot be maintained in this respect, taking into account the equity with which the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008).

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the following decision is again rendered.

【Grounds for the judgment of multiple times】 The criminal facts recognized by this court and the summary of the evidence are identical to each corresponding column of the judgment of the court below, except that “The defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court on December 12, 2018 and the judgment became final and conclusive on June 10, 2019, and the same court on July 4, 2019 sentenced four months of imprisonment with prison labor due to fraud, etc. on November 29, 2019, and the judgment became final and conclusive on November 29, 2019.” As such, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. To treat concurrent crimes;