The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. On September 5, 2013, according to the records of this case, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for larceny at the Daegu District Court on September 5, 2013. It can be recognized that the above judgment became final and conclusive on September 13, 2013. Since the crime of larceny and the crime of this case in the latter concurrent crimes under Article 37(1) of the Criminal Act are in a relationship between the latter concurrent crimes under the latter part of Article 39(1) of the Criminal Act, a sentence shall be determined after considering the equity and the mitigation or exemption of the sentence. Thus, the lower judgment cannot be maintained any longer.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without having to judge the defendant's assertion, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: "The defendant was sentenced to a suspended sentence of one year on September 5, 2013 by imprisonment with prison labor for larceny from the Daegu District Court on September 5, 2013; the above judgment became final and conclusive on September 13, 2013; and "the summary of the evidence" : The previous records of the judgment on September 13, 2013: the case search (2013No1072); the second judgment (2013No1072); and the second judgment (2013No1072); and the first judgment (201Mo32) are as stated in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 79 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are the favorable circumstances that the defendant confessions and reflects the instant crime.