The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

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

2. Before examining the judgment on the grounds for appeal, the record reveals that the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the District Court on December 28, 2012, and that the said judgment became final and conclusive on February 26, 2013. As such, the crime of fraud and the crime of this case, for which the judgment became final and conclusive, are in a concurrent crime under the latter part of Article 37 of the Criminal Act, with regard to the relationship between the crime of fraud and the crime of this case at the same time in accordance with Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence, the judgment of the court below cannot be maintained further.

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

Criminal facts

The summary of the facts charged and the evidence against the defendant is as follows. The summary of the judgment of the court below is to add "the defendant was sentenced to eight months of imprisonment for a crime on December 28, 2012, and the above judgment became final and conclusive on February 26, 2013" to the first copy of the facts charged in the judgment of the court below. The summary of the evidence is as follows: (a) except for the addition of "1. the defendant's trial statement at the court below" and "1. previous records in the judgment: each judgment in the judgment of the court below", and therefore, it is identical to each corresponding column 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 Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant again commits the instant crime despite his previous conviction, and that the judgment becomes final and conclusive.