The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal 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 was sentenced to imprisonment on March 24, 2016 by the Daegu District Court for a violation of the Act on the Control of Narcotics, Etc., and such sentence became final and conclusive on June 9, 2016.

Since the crime of the judgment of the court below and the above crime of the court below against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes with the latter part of Article 37 of the Criminal Act, a punishment for the crime of the judgment of the court below shall be sentenced at the same time in consideration of equity and equity, so the judgment of the court below cannot be maintained any more.

3. 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 the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by the court and the evidence related thereto, among the reasoning of the judgment below, were sentenced on March 24, 2016 to imprisonment with prison labor for and for one year and six months for the violation of the Narcotics Control Act at the Daegu District Court on March 24, 2016, and the judgment became final and conclusive on June 9, 2016.

Except for the addition of “the judgment of the court below,” it is identical to each corresponding part of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Article 49 (4) 1 and Article 49 (6) 1 (7) 1 of the Act on Electronic Financial Transactions for the Selection of Punishment for Crime (Selection of Punishment)

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is likely to be abused for all kinds of crimes.