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 decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of the instant case’s ex officio determination, the Defendant, at the Seoul Central District Court on May 28, 2015, was sentenced to a suspended sentence of two years for criminal fraud in October, 2015, and the said judgment became final and conclusive on June 5, 2015.

Since the crime of fraud and the crime of this case for which judgment has become final and conclusive shall be determined by taking into account equity and equity in the case of concurrent crimes in accordance with Article 39(1) of the Criminal Act in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act, the judgment below which did not take

3. Therefore, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as shown in the corresponding column of the judgment of the court below, except for adding "1. court rulings" to "the defendant was sentenced to a suspended sentence of two years for a criminal act in October, 2015 at the Seoul Central District Court on May 28, 2015, which became final and conclusive on June 5, 2015," and "1. court rulings" to the summary of the evidence, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In full view of the reasons for sentencing under Articles 191(1), 190(1), and the main sentence of Article 186(1) of the Criminal Procedure Act, the following factors are considered: (a) the records and arguments of the instant case; and (b) the fact that no agreement is reached with the victim, etc., the sentence shall be