The judgment of the court below is reversed.

Defendant shall be punished by a fine of one 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 one million won) of the lower court against the Defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records of this case, the defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Northern District Court on October 10, 2019, and the judgment (Seoul Northern District Court 2019No920) became final and conclusive on December 13, 2019.

However, since the crime of the judgment of the court below and the crime of aiding and abetting fraud against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the court below should have sentenced the above defendant to punishment for the crime of aiding and abetting fraud in consideration of equity in the case of concurrent judgment pursuant to the main sentence of Article 39(1) of the

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

【Reason of the judgment below’s reasoning】 The summary of facts constituting a crime and evidence admitted by this court is identical to each corresponding column of the judgment of the court below, except for adding “the person who was sentenced to one year to imprisonment for a crime of fraud, etc. at the Seoul Northern District Court on October 10, 2019, which became final and conclusive on December 13, 2019” to “the defendant,” and the summary of facts constituting a crime and evidence acknowledged by this court. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are already several times.