The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The Defendant, at the Seoul Northern District Court on June 10, 2016, sentenced one year to imprisonment for a crime of aiding and abetting fraud, such as computer, etc. at the Seoul Northern District Court, and became final and conclusive on November 4, 2016. As such, the crime of aiding and abetting fraud against the Defendant and the crime of aiding and abetting fraud, which became final and conclusive on November 4, 2016, is in the relation of concurrent crimes by a group after Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of aiding and abetting fraud in consideration of equity with the case where a judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal

3. 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 of the court below is reversed and it is again decided as follows.

[Judgment] The summary of facts constituting a crime and evidence admitted by the court against the defendant and the summary of the evidence are as follows: (a) the defendant was sentenced to imprisonment with labor for a term of fraud, such as computer, at the Seoul Northern District Court on June 10, 2016; and (b) on November 4, 2016, the above judgment became final and conclusive.

The phrase “a previous conviction in the judgment of the court below” is added, and “a summary of evidence” is cited at the end by Article 369 of the Criminal Procedure Act, except for the addition of “a summary information of the case and each written judgment” as stated in each corresponding column of the court below.

Application of Statutes

1. Relevant Article 347 (1) and Article 32 (1) of the Criminal Act concerning the facts constituting a crime and Articles 347 (1) and 32 (1) of the Criminal Act concerning the selection of punishment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)6 of the same Act

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 Defendant committed the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act.