All judgment of the court below shall be reversed.

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

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (the first judgment: the fine of KRW 3 million, and the second judgment: the fine of KRW 2 million) declared by the court below is too unreasonable.

2. Before determining the Defendant’s assertion of unfair sentencing, this paper examines ex officio the Defendant’s assertion of unfair sentencing.

According to the records, the Defendant, at the Suwon District Court on October 10, 2013, sentenced one year and six months to be punished by fraud and bodily injury, can be recognized on December 16, 2013 as having become final and conclusive.

Therefore, with respect to each crime of the above crimes and each crime of the second instance, which are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment by taking into account the equity between the cases where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. In this regard, the first and second lower judgment cannot be maintained any more.

In addition, this Court tried to combine two appeals cases against the judgment of the court below, and each of the offenses in the judgment of the court below should be sentenced to one punishment pursuant to Article 38 (1) of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

Therefore, 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 it is again decided as follows after oral argument.

Criminal facts

In addition to adding "1. case search and copy of each judgment" to "the defendant was sentenced to one and a half years of imprisonment with prison labor at the Suwon District Court on October 10, 2013 and the judgment became final and conclusive on December 16, 2013" in the first head of the crime of violation of Articles 1 and 2 of the Criminal Procedure Act, the summary of the evidence admitted by this Court and the summary of the evidence is the same as the corresponding column of the judgment of the court below. Thus, Article 369 of the Criminal Procedure Act is applicable.