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 main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

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

In light of the records of this case, the defendant was sentenced to four months of imprisonment for fraud at the Gwangju District Court on March 21, 2018, and the judgment became final and conclusive on April 17, 2018, and the defendant was sentenced to one year and six months of imprisonment for fraud at the Gwangju District Court on March 29, 2018, and the judgment became final and conclusive on April 2, 2018. As such, the crime of the judgment of the court below against the defendant and each of the above crimes for which the judgment of the court below became final and conclusive on April 2, 2018 are concurrent crimes under Article 37 of the Criminal Act, and the punishment shall be determined at the same time in consideration of equity with the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act. Thus, the judgment of the court below which did not take such measures

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: "The defendant was sentenced to imprisonment with prison labor on March 21, 2018 at the Gwangju District Court for four months, and the judgment was finalized on April 17, 2018.

On March 29, 2018, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Gwangju District Court, and on April 2, 2018, the judgment became final and conclusive.

Except for the addition of “,” as described in each corresponding column of the lower judgment, the same shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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 order of provisional payment;