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 decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. Ex officio determination

A. The following facts are acknowledged, ex officio prior to the judgment on the grounds for appeal by the defendant, based on the records and records.

1) As to the charges of habitual larceny from around November 2009 to March 12, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on May 13, 2010 and the judgment became final and conclusive on July 21, 2010.

After the review of the above final judgment, the Defendant was sentenced to imprisonment with prison labor for habitual larceny in Seoul Eastern District Court 2015 Inventory 33, July 16, 2015, and on October 16, 2015, the Seoul Eastern District Court 2015No923, which was sentenced to imprisonment with prison labor for habitual larceny, and the judgment on December 11, 2015 became final and conclusive on October 16, 2015.

2) As to the charges of committing the crime of special larceny, intrusion upon residence, etc. from January 2013 to June 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. on January 17, 2014 in the Ulsan District Court 2013 Godan2434, and the judgment on November 13, 2014 became final and conclusive.

3) As to the charges of larceny, etc. committed around April 2013 to April 5, 2013, and around April 2016, the Defendant was sentenced to imprisonment with prison labor for one year and four months and February on July 13, 2016 in the Busan District Court 2016 Godan2126, etc., and the judgment became final and conclusive on December 8, 2016.

B. Therefore, the facts charged in the instant case involving each larceny around March 20, 2013 and May 24, 2013 are as follows: (a) the facts charged in the final judgment of retrial as stated in the preceding paragraph (1) 1; (b) the facts charged in the final judgment as stated in the preceding paragraph (1) 2; and (c) the facts charged in the final judgment as stated in the preceding paragraph (3) 3; and (b) the facts charged in the latter part of Article 37 of the Criminal Act, respectively, are in the concurrent crimes between April 20 and May 5, 2013 (the second part of imprisonment); and (c) Article 39(1) of the Criminal Act.