The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. Before examining the judgment on the grounds for appeal by the Defendant’s ex officio, the record of this case reveals that the Defendant was sentenced to imprisonment with prison labor for fraud aiding and abetting at the Sungwon District Court Sungnam Branch on December 12, 2014, and the Defendant appealed on February 12, 2015, but the judgment dismissing the appeal became final and conclusive on February 24, 2015.

As seen above, each crime of this case is in the concurrent relationship between the crime of aiding and abetting fraud for which judgment has become final and conclusive, and the latter part of Article 37 of the Criminal Act, and the punishment is determined after considering equity with the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment. Therefore, the judgment of the court below

3. If so, 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, and it is again decided as follows.

[C] The summary of facts constituting an offense and evidence recognized by this court is all the facts constituting an offense and the summary of evidence, except for the addition of "the defendant was sentenced to 8 months imprisonment with prison labor for a crime of fraud, etc. on December 12, 2014 at the Sung-nam branch of the Suwon District Court, Sungwon District Court, which became final and conclusive on February 24, 2015" to "the above judgment was confirmed on February 24, 2015," and therefore, it is identical to each corresponding column of the judgment

Application of Statutes

1. Relevant provisions of the Act on Criminal Facts, the selection of punishment, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (in cases of transfer of means of access) and the selection of each fine;

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