The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) imposed by the court below on the defendant is too unreasonable.

2. According to the records of this case, prior to the grounds of appeal by the Defendant, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Southern District Court on December 11, 2012, and the judgment became final and conclusive on April 4, 2013. As such, the crime of fraud and the crime of this case, for which the judgment became final and conclusive, are concurrent crimes in accordance with the latter part of Article 37 of the Criminal Act, and are determined by the sentence after considering equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence. Thus, the lower judgment is no longer maintained.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as shown in each corresponding column of the judgment below, except for the appearance of "the defendant was sentenced to one year of imprisonment with prison labor at the Seoul Southern District Court on December 11, 2012 and the judgment became final and conclusive on April 4, 2013" in the first head of the judgment below's criminal facts. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The latter part of Article 37 and the latter part of Article 39 (1) of the Exempted Criminal Act (the defendant shall be sentenced to imprisonment with prison labor for a period of not more than one year and is serving in prison, etc.);