The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (e.g., punishment of a fine of three million won) is too unreasonable.

According to the records of ex officio determination, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud at the Daejeon District Court on September 2, 201, which was sentenced to two years of imprisonment for a period of six months, and the said judgment became final and conclusive on September 10, 201 (No. 201st group 1601), and on March 28, 2014, the Daejeon District Court sentenced imprisonment for two months (No. 2013rd group 3654) and four months (No. 2013rd group 4392) for a crime of fraud on July 3, 2014, and the Defendant committed the instant crime before each of the said judgments becomes final and conclusive.

As above, each crime for which judgment became final and the instant crime are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment by taking account of equity and equity in cases where a judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act, the lower court determined punishment by taking into account only the crimes for which judgment has become final and conclusive by the High Court Decision

In this respect, the judgment of the court below is no longer maintained.

The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and the following is again decided after oral argument.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as follows: the summary of the facts constituting a crime and the summary of the evidence are as follows: “The defendant was sentenced to two months (2013 highest 3654) and four months (2013 highest 4392) of imprisonment with prison labor at the Daejeon District Court on March 28, 2014; the above judgment became final and conclusive on July 3, 2014; “1.3 high-level 3654 (1) of the Daejeon District Court 2013 high-level 2013 high-level 3654 (2) of the Daejeon District Court 2014 high-level 36505 (2) of the Daejeon District Court 2014 high-level 3, 2014)” were added to the criminal facts column; and the corresponding columns of the judgment below are as follows.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

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