The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. According to the records of ex officio determination, the defendant was sentenced to ten months of imprisonment for fraud at the Suwon District Court on January 30, 2020 and such judgment became final and conclusive on February 7, 2020.

Thus, since the crime of the judgment below and the above crime against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the equality in the case of concurrent crimes under Article 39(1) of the Criminal Act shall be considered and the sentence shall be determined after examining whether mitigation of punishment is exempted. The judgment of the court below cannot be maintained as it is, since the sentence was determined without

3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Along with the reasoning of the judgment of the court below, the summary of the facts constituting a crime and evidence recognized by this court is added to "the defendant was sentenced to ten months of imprisonment with prison labor at the Suwon District Court on January 30, 2020 and the judgment became final and conclusive on February 7, 2020" to the first head of the facts constituting a crime and the summary of the evidence, and except for addition of "1. Before the judgment: the content of the case search and each judgment" at the end of the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is to recognize and reflect the instant crime, and the final judgment and the latter concurrent crime with regard to the instant crime.