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 sentence of the lower court (one million won a penalty) on the summary of the grounds for appeal is too unreasonable.

2. According to the records, prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny in the vice-branch of the Daegu District Court on December 13, 2017, and the judgment became final and conclusive on July 9, 2018. As such, the crime in the judgment of the court below in the relation of concurrent crimes with the crime for which the judgment became final and conclusive and the crime in the latter part of Article 37 of the Criminal Act should be determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the said judgment becomes final and conclusive at the same time. In this regard, the judgment of the court below

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence admitted by the court below are as follows: "The defendant was sentenced to six months of imprisonment with prison labor for special larceny at the branch court of the Daegu District Court on December 13, 2017 and the judgment became final and conclusive on July 9, 2018" in the summary of the evidence as stated in the judgment of the court below, with the exception of adding "1.............." to the summary of the evidence: "the case: the case's search and judgment (the branch court of the Daegu District Court 2017 High Court 2017 High Court 256)" as stated in the corresponding column of the judgment of the court below. Thus, it shall be cited in accordance with

Application of Statutes

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant's wrong, and the judgment is concurrently rendered with the special larceny of the judgment.