The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (3 million won in penalty) is unreasonable because it is too unfilled.

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

According to the records, the Defendant was sentenced to two months of imprisonment for fraud at the Seoul Southern District Court on June 2, 2016, and the said judgment became final and conclusive on June 10, 2016.

The crime of fraud in which the defendant's crime and judgment of this case have become final and conclusive are the concurrent crimes of the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and equity in cases where the punishment is to be judged at the same time pursuant to the first part of Article

In this respect, the judgment of the court below cannot be maintained as it is.

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 prosecutor's improper assertion of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The Defendant was sentenced to two months of imprisonment for fraud at the Seoul Southern District Court on June 2, 2016, and the above judgment became final and conclusive on June 10, 2016.” The summary of the evidence of the judgment below is as follows: “1. The previous records of the judgment: A summary information inquiry and a copy of the judgment (Seoul Southern District Court 2016 High Court 1100, Seoul Southern District Court 2016 High Court 1100)” are added to each corresponding column of the judgment of the court below, and this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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 (hereinafter “Criminal Procedure Act”) recognizes and reflects a criminal act.

The amount of damage is minor.