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 KRW 7,00,000,000 per day) is too unreasonable.

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

According to the evidence duly adopted and examined by this court, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on May 20, 2016 and the said judgment became final and conclusive on May 28, 2016.

As above, in the relationship between fraud for which judgment has become final and conclusive and each of the crimes of this case, punishment should be imposed in consideration of equity in the case where judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act, since the judgment of the court below cannot be maintained in this regard.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) 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.

[Re-written judgment] The criminal facts against the defendant recognized by this court and the summary of the evidence are all criminal facts, and the above judgment became final and conclusive on May 28, 2016, when the Seoul Southern District Court sentenced the defendant to six months of imprisonment for fraud on May 20, 2016.

“Along with the addition of “A” as stated in the corresponding column of the judgment of the court of first instance and the case, “A” shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act in the previous records of the judgment of the court of first instance.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is the sentencing of the provisional payment order.