The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. According to the ex officio judgment records, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on November 16, 2017, and on December 20, 2017, it can be recognized that the above judgment became final and conclusive on December 20, 2017. As such, in the judgment of the court below, the crime of fraud, etc., for which judgment became final and conclusive, is in a single concurrent relationship after Article 37 of the Criminal Act, and the punishment should be determined by taking into account equity with the case where

Therefore, the judgment of the court below cannot be maintained.

3. Thus, 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 it is again decided as follows after pleading.

[Grounds for a new judgment] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for addition of the following, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The judgment below

The Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court on November 16, 2017, and the said judgment became final and conclusive on December 20, 2017.

“” shall be added.

The judgment below

The phrase “a summary of evidence” is added to “a summary of evidence: (a) the Seoul Central District Court 2017 High Court 2017 High Court 5089 High Court ; and (b) the summary of the case.”

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A crime of fraud, etc. for which a judgment has become final and conclusive, and the judgment of the court below is in the relationship of concurrent crimes after Article 37 of the Criminal Act.