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 decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the summary information in the KICS case, and each of the written judgments (Seoul District Court 2014 High Court 2502 High Court 2014 High Court 2015 Daegu District Court 2015No. 3602) can be acknowledged that the Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court on December 10, 2015 and the judgment became final and conclusive on December 18, 2015. As above, each of the crimes in fraud and this case, for which the judgment became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, and are determined by the lower court after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Therefore, the lower judgment becomes final and conclusive in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this Court is the first head of the lower judgment’s criminal history. “The Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court on December 10, 2015, and the judgment became final and conclusive on December 18, 2015.

“Along with the addition of “Before the judgment,” to [Attachment] summary information of the KICS case and each of the judgments (Seoul District Court 2014 High Court 2502 High Court 2014 High Court 2502 High Court 2015 Daegu District Court 2015No. 3602)], it is identical to each of the corresponding columns of the judgment below. As such, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.