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 decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

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

According to the records of this case, the Defendant was sentenced to ten months of imprisonment for fraud at the Daegu District Court on April 6, 2018, and the judgment became final and conclusive on July 17, 2018. The Defendant’s crime and the above crime, etc. against the Defendant, for which the judgment of the court below became final and conclusive, shall be sentenced to punishment for the crime of this case in consideration of equity with the case where the judgment is rendered simultaneously in accordance with the first sentence of Article 39(1) of the Criminal Act in relation to a group of concurrent crimes after Article 37 of the Criminal Act. Therefore, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Grounds for the lower court’s judgment] The summary of criminal facts and evidence of the Defendant’s criminal facts recognized by the lower court and the summary of the evidence are as follows: (a) except for adding “The Defendant was sentenced by the Daegu District Court on April 6, 2018 to ten months of imprisonment for fraud, and that judgment became final and conclusive on July 17, 2018,” the same as each corresponding column of the lower court’s judgment; and (b) thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the amount of damage caused by the instant case is not significant, that the Defendant repents and reflects his mistake, that the circumstances of the Defendant’s family are difficult, and that the instant crime has become final and conclusive.