The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 4,00,000) imposed by the lower court is too unreasonable.

2. Before determining the grounds for appeal by the Defendant, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Eastern District Court on September 3, 2014, and the said judgment becomes final and conclusive on September 12, 2014. As such, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and each of the crimes of this case, which became final and conclusive on September 12, 2014, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and are to be sentenced to punishment after taking account of equity in cases where the judgment is concurrently rendered in accordance with Article 39(1)

3. Accordingly, the judgment of the court below is reversed ex officio 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.

[C] The criminal facts recognized by the court in light of the summary of the criminal facts and evidence and the summary of the evidence are as follows: "The defendant was sentenced to two years by imprisonment with prison labor at the Seoul Eastern District Court on September 3, 2014 for the crime of larceny, and the above judgment became final and conclusive on September 12, 2014." The summary of the evidence added "1. Supreme Court Decision: Court Decision 2009Da369 delivered on September 12, 2014."

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;