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. Although the Defendant filed an appeal against the lower judgment on June 2, 2014, the lower court: (a) on July 11, 2014, notified of the notification of the receipt of the trial records; and (b) did not submit the statement of grounds for appeal within 20 days from the notification; and (c) did not state the grounds for appeal in the petition of appeal; however, the lower court’s ex officio reversal

On October 10, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. in the Daegu District Court's Ansan Branch on December 28, 2013, and the judgment became final and conclusive on December 28, 2013. The crime of the lower court's judgment and the above crime of fraud, etc. for which judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the lower court's judgment in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to the former part of

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) the first head of the facts constituting an offense in the original judgment; (b) “Defendant was sentenced to 10 months of imprisonment with prison labor on October 10, 2013 and the said judgment became final and conclusive on December 28, 2013 due to fraud, etc.” (c) and (d) “1 in the last column of the summary of the evidence”; and (b) except for addition of two copies of the judgment and one copy of the summary of the agreement auxiliary to the case agreement, all of the judgment of the court below are the same as written in each corresponding column; and (c) thus, they are

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 and 69(2)1 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).