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 summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. According to the evidence duly adopted and examined by the court below and the court below on March 19, 2015, prior to the judgment on the grounds for appeal by a defendant ex officio, the defendant was sentenced to imprisonment of ten months and fines of two million won for violating the Electronic Financial Transactions Act, etc. at the Incheon District Court on March 19, 2015, and the judgment became final and conclusive on May 29, 2015. The crime in the judgment of the court below is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime of violating the said Electronic Financial Transactions Act, etc. on which the judgment of the court below has already become final and conclusive, and the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case where the judgment of the court below is to be held simultaneously pursuant to Article 39(1)

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part of the judgment of the court below, and thus they are quoted 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 Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant recognized the crime of this case and reflects it. However, the defendant has a record of punishment for the same kind of crime, and the damage recovery or agreement has been reached.