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 is unreasonable because the lower court’s punishment (three million won of fine) is too large.

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

A. In light of the language, legislative intent, etc. of the relevant legal doctrine and the latter part of Articles 37 and 39(1) of the Criminal Act, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence may not be imposed or the sentence may not be mitigated or exempted in consideration of equity and equity

(Supreme Court Decision 2009Do9948 Decided October 27, 2011 and Supreme Court Decision 2012Do9295 Decided September 27, 2012, etc. (see, e.g., Supreme Court Decisions 201Do9295, Sept. 27, 20

Judgment

According to the records of this case, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Daegu District Court on December 18, 2014, and the said judgment became final and conclusive on December 26, 2014 (hereinafter “final judgment”), and on April 28, 2016, the Daegu District Court sentenced one year and two months of imprisonment for a crime of fraud, etc. at the Daegu District Court on May 25, 2016 (hereinafter “second final judgment”), and the said judgment became final and conclusive on September 1, 2017, upon being sentenced to one year and four months of imprisonment for a crime of fraud at the Daegu District Court on September 4, 2017 (hereinafter “third final judgment”); and on January 18, 2019, the said judgment became final and conclusive after being sentenced to two years of imprisonment for a crime of fraud at the Daegu District Court on July 18, 2019.

(hereinafter “Final Judgment 4.” Of each crime of fraud as indicated in the holding of the lower judgment, the crime under Article 2019Da1125 was committed from May 11, 2014 to May 19, 2014, and the crime under Article 2019Da1136 as indicated in the holding of the lower judgment is committed from January 1, 2014 to February 13, 2014.

The date and time of each of the above crimes is the transfer of a final and conclusive judgment, and the date and time of the crime, such as fraud of a final and conclusive judgment, is space from March 2014 to October 2014. The date and time of the crime, such as fraud of a final and conclusive judgment, is from August 2015 to October 2015.