The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.

According to the records of this case, the Defendant appealed on November 23, 2016 at the Suwon District Court, who was sentenced to six months of imprisonment for fraud. However, on July 13, 2017, the lower judgment was reversed by the Suwon District Court, but the Defendant was sentenced to six months of imprisonment, and the judgment became final and conclusive on July 21, 2017; ② on March 29, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor from the Suwon District Court members for larceny and became final and conclusive on April 6, 2017. Since each crime of this case and the above larceny and fraud for which the judgment of the lower court against the Defendant became final and conclusive in relation to the concurrent crimes under Article 37 of the Criminal Act, the lower court’s judgment should not be sentenced in consideration of equity with the case where all these crimes are adjudicated at the same time pursuant to the main sentence of Article 39(1) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by the court below are the first head of the lower judgment’s criminal facts and the summary of the evidence. The Defendant appealed from the Suwon District Court on November 23, 2016 that he/she was sentenced to six months of imprisonment for fraud. However, on July 13, 2017, the lower judgment was reversed by the Suwon District Court’s judgment on July 21, 2017, but the judgment became final and conclusive on July 21, 2017 upon being sentenced to six months of imprisonment with prison labor. On March 29, 2017, the judgment became final and conclusive on April 6, 2017, upon being sentenced to ten months of imprisonment with prison labor from the Suwon District Court’s horizontal Housing Site as larceny.

“Additional” and the judgment of the court below.