The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.

2. Before determining the grounds for appeal, the Defendant, ex officio, was sentenced to a suspended sentence of 8 months for the crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Incheon District Court on October 29, 2014. The Defendant and the prosecutor appealed on January 9, 2015, but the said judgment became final and conclusive on January 17, 2015. The crime for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of which judgment was rendered by the lower court is determined after examining whether to reduce or exempt punishment, taking into account equity and equity, and taking into account mitigation or exemption of punishment. Thus, the lower judgment is no longer maintained.

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

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows. The first head of the judgment of the court below is as follows: "The defendant was sentenced to two years of imprisonment for the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Incheon District Court on October 29, 2014, and the defendant and the prosecutor appealed on January 9, 2015, but the above judgment became final and conclusive on January 17, 2015, since all appeals were dismissed on January 9, 2015." The summary of the evidence is as follows: "1. The previous records of the judgment: Conet case search and judgment (the Incheon District Court Decision 2014No6236)" are as stated in the corresponding column of the judgment of the court below, except for addition to the corresponding column of the Criminal Procedure Act.

Application of Statutes

1. The pertinent Article of the Criminal Act and the former Employment Security Act (amended by Act No. 12631, May 20, 2014) regarding criminal facts.