The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. According to the ex officio determination records, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. in the Gwangju District Court’s Netcheon Branch on December 16, 2010, and the judgment became final and conclusive on July 28, 201.

However, given that the instant crime and the crime of fraud in the final and conclusive judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined in consideration of equity in cases where a judgment is rendered at the same time in accordance with Article 39(1)

Nevertheless, the court below omitted this and conducted the latter concurrent treatment of Article 37 of the Criminal Act only between the crime of this case and the crime of fraud, etc. which became final and conclusive on March 11, 2010, and the judgment of the court below is no longer maintained.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 below 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: (a) the first head of the facts charged is to add "the defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. on December 16, 2010, and that judgment became final and conclusive on July 28, 201," and the summary of the evidence is to add "1............. (2010 Goju District Court Decision 2010No1494, Gwangju District Court Decision 2010No3025, and Supreme Court Decision 2011Do7068)" to the summary of the evidence. Thus, it is identical to each corresponding column of the judgment of the court below.

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 Articles 37 and 39(1) of the Criminal Act concerning concurrent crimes (the instant crime, and fraud, etc. for which the judgment becomes final and conclusive on March 11, 2010, and fraud, etc. between the judgments rendered on July 28, 201);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.