The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant, on October 11, 2012, may be found to have been sentenced to imprisonment with prison labor for four months at the Gangnam Branch of the Chuncheon District Court for fraud, and on December 27, 2012, the said judgment became final and conclusive.

As the crime of this case is related to the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The defendant was sentenced to four months of imprisonment on October 11, 2012 and the judgment became final and conclusive on December 27, 2012” in the first part of the facts charged of the judgment of the court below; and “1. Investigation Report (Attachment of the Judgment)” was added to the summary of the evidence, as stated in each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

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 the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the crime of acquiring prepaid money in the same way as the instant crime and has a record of punishment for multiple criminal offenses, etc., but falls under the unfavorable circumstances.