The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.

Article 35 (1) of the Criminal Act refers to a crime punishable by imprisonment without prison labor or imprisonment with prison labor for a high term or for a limited term. In the event a fine which has been selected among the punishments prescribed by the relevant crime is a fine, the repeated crime may not be subject to aggravated punishment (see, e.g., Supreme Court Decisions 82Do1018, Jul. 27, 1982; 95Do1637, Apr. 11, 197). Nevertheless, the court below selected a fine among the punishments prescribed by each of the instant frauds of this case and applied Article 35 of the Criminal Act, even if so, aggravated punishment is subject to aggravated punishment. In so doing, the court below erred by misapprehending the legal principles on repeated crime, which affected the conclusion of the judgment.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the facts constituting an offense of the lower judgment and the summary of evidence, except for deletion of the part of the facts constituting an offense of the lower judgment [criminal records] and the part of “1. previous convictions” in the summary of evidence, and thus, they are cited as it is by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in a crime of fraud against C with the largest number of concurrent crimes);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.