The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. According to the Defendant’s written statement of grounds for appeal, the Defendant did not submit the written statement of grounds for appeal despite being served on March 20, 2013, and the petition of appeal does not contain any grounds for appeal. However, as long as the judgment of the lower court is reversed on the grounds of ex officio reversal, a decision to dismiss the Defendant’s appeal on the grounds of failure to submit the written statement of grounds for appeal shall not be made.

2. We examine ex officio determination.

According to the records, on October 11, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Gangnam Branch Branch of the Chuncheon District Court on December 27, 2012, and the judgment became final and conclusive on December 27, 2012. As such, the crime of fraud and the crime of this case, for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and cases where the judgment is concurrently rendered pursuant to

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the above reasons for ex officio reversal are reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts and evidence admitted by this court is as follows: (a) the first head of the judgment of the court below added “criminal facts” to “the defendant was sentenced to four months of imprisonment with prison labor for fraud on October 11, 2012 and the judgment became final and conclusive on December 27, 2012”; and (b) “the summary of evidence” to “the summary of evidence” as stated in each corresponding column, except for addition of “1. Investigation Report (Attachment to Judgment)” to “the summary of evidence” as stated in each corresponding column; (c) thereby, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (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 Article 39(1) of the Criminal Act for the treatment of concurrent crimes;