The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unfair because the sentence of six months of imprisonment with prison labor imposed by the court below and the sentence of two years of suspended sentence is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant, on August 16, 2012, was sentenced to imprisonment with prison labor for one year and two years of suspension of execution on August 2, 2013 in Busan District Court's Dong Branch branch branch branch branch, and the above judgment became final and conclusive on August 2, 2013. Each crime in the judgment of the court below is not only a criminal record but also a concurrent crime under the latter part of Article 37 of the Criminal Act with the above crime for which the judgment became final and conclusive. Since each crime in the judgment of the court below becomes final and conclusive in accordance with Article 39(1) of the Criminal Act is also a concurrent crime under the latter part of Article 37 of the Criminal Act, the court below, which did not take such measures,

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 again decided as follows after oral argument.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced on August 16, 2012 to one year of imprisonment with prison labor for fraud, two years of suspended execution, and the judgment became final and conclusive on August 2, 2013 in the preceding part of the first head of the crime; "1. partial statement of the defendant" in the summary of the evidence shall be deemed as "1. The defendant's original statement" as "1. The main part of the evidence shall be deemed as "1. The defendant's original statement"; and "1. The preceding part of the judgment: each case agreement assistant and each written judgment" shall be deemed as the corresponding column of the judgment of the court below, except for the addition of "one..........."

Application of Statutes

1. Article 347(1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;