The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

(F) The sentence of the original court (five months of imprisonment) is too unreasonable.

According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court on April 17, 2014, and the above judgment became final and conclusive on May 28, 2014, and the Defendant committed the instant crime before the above judgment becomes final and conclusive. As such, the crime for which judgment became final and conclusive and the instant crime are related to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, after examining whether to reduce or exempt punishment by taking into account the case at the same time and equity in accordance with Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained in this respect.

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 the crime and the evidence against the defendant recognized by this court is deleted from the crime column of the judgment below's first head "the defendant was sentenced on April 29, 2008 to one year and six months for the offering of bribe at the Cheongju District Court and was released on June 30, 2009 and for which the parole period passed on July 29, 2009 during the execution of the sentence," and "the defendant was sentenced to six months for fraud at the Daejeon District Court on April 17, 2014, and the above judgment became final and conclusive on May 28, 2014," and the summary of the evidence is as stated in the corresponding column of the judgment below except for the addition of "the defendant's imprisonment and six years for the offering of bribe at the Cheongju District Court on April 29, 2008," and the corresponding column of the judgment below is as follows.

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

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;