The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (one year of suspended sentence of a fine of KRW 700,00) imposed by the court below on the defendant is too unreasonable.

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

Article 457-2(2) of the Criminal Procedure Act (amended by Act No. 15257, Dec. 19, 2017; effective from December 19, 2017) provides, “Where a defendant declares a sentence heavier than that of a summary order with respect to a case for which a request for formal trial has been made, the reasons for sentencing shall be stated in the written judgment.”

According to the records of this case, the Defendant was issued a summary order of KRW 50,000 in the Incheon District Court Decision 2017 High Court Decision 2017 High Court Decision 27541 on January 4, 2018 and requested a formal trial against the above summary order on January 19, 2018. Accordingly, in the case where the Incheon District Court Decision 2018 High Court Decision 295 on May 10, 2018, the lower court sentenced the Defendant to a suspended sentence of KRW 70,000,000 for a fine of KRW 70,000,000 and recognized the fact that the reasons for sentencing are not specified in the written judgment

Therefore, since the court below sentenced a more severe punishment than that of a summary order on a case for which the defendant requested formal trial, but omitted the reason for sentencing in the judgment, thereby committing a mistake in violation of Article 457-2 (2) of the Criminal Procedure Act, the judgment below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the above reasons. It is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 311 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;