The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to nine million won) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to judgment.

According to the evidence duly adopted and examined by the court below and the trial court, the defendant was sentenced to two years of imprisonment for a crime of fraud in Busan District Court's Dong Branch on January 6, 2015 and the above judgment became final and conclusive on January 14, 2015, and the defendant was sentenced to eight months of imprisonment and two months of imprisonment in the Ulsan District Court on April 1, 2016, and the above judgment became final and conclusive on April 15, 2016. As such, each of the crimes in the judgment of the court below against the defendant and each of the above crimes for which the judgment became final and conclusive on April 15, 2016 are concurrent crimes under Article 37 of the Criminal Act and shall be sentenced to punishment for each crime under the judgment of the court below in consideration of equity in cases where it is judged simultaneously pursuant to Article 39 (1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is ruled as follows through pleading.

[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by this court is the first head of the facts constituting a crime, and the judgment was finalized on January 14, 2015 after the defendant was sentenced to two years of imprisonment for a crime in Busan District Court's Dong Branch's branch's Seoul District Court's imprisonment on January 6, 2015. On April 1, 2016, Ulsan District Court sentenced eight months of imprisonment for a crime and two months of imprisonment for a crime, and the judgment was finalized on April 15, 2016.

In addition, “Apology division” is added to the summary of the evidence, and except for the addition of “apology division: a criminal report (verification, etc. of criminal records)” as stated in each corresponding column of the judgment of the court below, such addition shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment