All judgment of the court below shall be reversed.

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

The above fine shall be imposed on the defendant.

1. The respective sentence of the court below (the fine of three million won, the fine of two million won) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and the judgment of the second court against the defendant was sentenced respectively, and the defendant filed an appeal against them, and the court of the second and second court decided to hold concurrent hearings of the above two appeals cases. Each of the offenses against the defendant in the first and second judgment is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of the punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the first and second court cannot be maintained.

In addition, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court on October 23, 2014, and the above judgment became final and conclusive on April 6, 2015 (Seoul District Court Decision 2014No2701, Supreme Court Decision 2015Do3825, Supreme Court Decision 2015, Supreme Court Decision 1, and 2015Do3825), on which the judgment of the court below became final and conclusive, in relation to the above crimes under concurrent crimes under the latter part of Article 37 of the Criminal Act and the latter part of Article 37 of the Criminal Act, the sentence shall be determined after taking account of equity compared with the cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act

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, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court are as follows, except as follows, and thus, it is also cited in accordance with Article 369 of the Criminal Procedure Act.

- On October 23, 2014, the Defendant is at the Gwangju District Court.