The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (1.5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that the Defendant was sentenced to six months of imprisonment with prison labor from the Suwon District Court for larceny on August 31, 2012, and the judgment became final and conclusive on September 8, 2012. As such, the crime of larceny and the Defendant’s crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by the court below, taking into account equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence, the lower court which did not take such measures becomes unable to be maintained.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to six months of imprisonment with prison labor from the Suwon District Court for larceny on August 31, 2012 and the judgment became final and conclusive on September 8, 2012" in the first head of the judgment of the court below; and except for adding "1. court rulings" in the summary column of the evidence, it is identical to each corresponding column of the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment.

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the Defendant’s recognition of the instant crime, and the instant crime and judgment have become final and conclusive.