The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Ex officio determination of ex officio, sentence shall be imposed on concurrent crimes under the latter part of Article 37 of the Criminal Act, taking into consideration equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act;

Therefore, the court should try to examine the specific contents of the crime which became final and conclusive through the court's decision or the statement of related persons.

(See Supreme Court Decision 2008Do209 Decided October 23, 2008). According to the records, the defendant was sentenced to ten months of imprisonment with prison labor on September 21, 2012 at the Incheon District Court for fraud by using computers, etc. and confirmed on October 30, 2012. Since each of the above crimes and the crime of this case by the defendant, for which judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, since the crime of this case is in a concurrent relationship under the latter part of Article 37 of the Criminal Act, the court has deliberated on what is the specific contents of each of the above crimes, and determines the punishment by examining whether to reduce or exempt the punishment, taking into account equity with the case at which judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is that the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for the correction of "a summary of the evidence" of the judgment of the court below as "a summary of the judgment of the court below to the effect that "a defendant was sentenced to ten months of imprisonment with prison labor for a crime of fraud using computers, etc. at the Incheon District Court on June 21, 2012 and the judgment of the court below became final and conclusive on October 30, 2012" as "a defendant was sentenced to ten months of imprisonment with prison labor for a crime of fraud using computers, etc. at the Incheon District Court on September 21, 2012."