The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (2,00,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

On May 10, 2016, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court, and the judgment becomes final and conclusive on August 26, 2016. However, the Defendant’s crime and fraud for which judgment has become final and conclusive on the Defendant is in a concurrent crime relationship with the latter part of Article 37 of the Criminal Act, and is in a concurrent crime relationship with the latter part of Article 39(1) of the Criminal Act, and should be sentenced to punishment for the crime as stated in the judgment below, taking into account equity

In this regard, the prosecutor added “Article 37 and Article 39(1) of the Criminal Act” to the provisions of the law applicable to the instant indictment in the trial of the party. Of the facts charged, the Defendant was sentenced to four months imprisonment with prison labor for fraud in this court on May 10, 2016 and the judgment became final and conclusive August 26, 2016.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing, on the grounds of the above ex officio reversal.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence acknowledged by this court is as stated in the first head of the judgment of the court below, on the ground that “the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court on May 10, 2016 and the judgment became final and conclusive on August 26, 2016,” and “a summary of the evidence” is as stated in the corresponding column of the judgment of the court below, except for addition of “a criminal record: a reply to inquiry, confirmation of confirmation, and copy of the judgment, such as criminal history,” and “a copy of the judgment” as stated in the corresponding column of the court below. Thus, it is cited as is in accordance with Article 369

Application of Statutes

1. Criminal facts;