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 (2,000,000 won of fine) is too unreasonable.

2. Before determining the Defendant’s grounds of appeal on the grounds of appeal ex officio, the Defendant was sentenced to two years of imprisonment with prison labor and three years of suspended execution on April 30, 2015 by the Seoul High Court, and the judgment became final and conclusive on May 8, 2015. The crime of the lower court’s judgment and the crime of false accusation against the Defendant, which became final and conclusive on May 8, 2015, are concurrent crimes under the latter part of Article 37(1) of the Criminal Act, and should be sentenced to punishment for the crime of the lower judgment by taking into account equity in sentencing with the case where the judgment is to be rendered simultaneously pursuant to the former part of Article 39(1) of

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of appeal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence admitted by this court is as follows: "The defendant's criminal facts and the summary of the evidence are added to "two years of imprisonment with prison labor from Seoul High Court on April 30, 2015 to a person who was sentenced to a suspended execution of three years on May 8, 2015 and the above judgment became final and conclusive on May 8, 2015" and "1. The previous criminal records are as shown in each corresponding column except for adding criminal records (Seoul High Court Decision 2014No3899, Supreme Court Decision 2014No3899, Supreme Court Decision 2019, Supreme Court Decision 2009Da3699, Supreme Court Decision)

Application of Statutes

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

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(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;