The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.

2. On April 11, 2013, the first head of the facts charged in the instant case, and the judgment of the court below became final and conclusive on April 19, 2013, which added “the latter part of Article 37 and Article 39(1) of the Criminal Act” to the applicable provisions of the Act, and the subject of the judgment was changed by this court’s permission. Thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to one year of suspension of execution on April 11, 2013 in imprisonment with prison labor at the Busan District Court for fraud, etc. on April 19, 2013 and the above judgment became final and conclusive on April 19, 2013" in the first head of the crime column of the judgment of the court below, and except for addition of "1. Investigation Report (Attachment to Judgment)" in the last column of the evidence, it is identical to the corresponding column of the court below, and thus, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant Article of the Criminal Act, Article 141(1) of the Criminal Act (a point of view damage to public documents), Articles 148-2(2)1, and 44(1) (a) of the Road Traffic Act, the selection of fines for a crime;

2. Handling concurrent crimes: The latter part of Articles 37 and 39 (1) of the Criminal Act (the former part of Article 39 (1) of the Road Traffic Act (the crime of violation of the Road Traffic Act, the crime of invalidation of public documents

3. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the concurrent crimes with the punishment specified for the crime of running sound driving].