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.

The summary of the grounds for appeal by the defendant is that the punishment (two million won of fine) imposed by the court below is too unreasonable.

Before the judgment on the grounds for appeal by the Defendant was examined ex officio, and the first head of the instant charge against the Defendant was examined by the Prosecutor, and the judgment was finalized on September 2, 2013 at the Seoul Southern District Court rendered on May 8, 2013, with respect to the first head of the instant charge, “the Defendant was sentenced to eight months of imprisonment for fraud, etc., and the judgment became final and conclusive on September 2, 2013.” The applicable provisions of Articles 37 (latter part) and 39 (1) of the Criminal Act were applied for amendments to the indictment, and the judgment of the court below, which is based on the initial charge, cannot be maintained as

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 grounds of ex officio reversal as seen above, and the judgment below is reversed and the pleading is again decided as follows.

[C] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Southern District Court on May 8, 2013 and the judgment became final and conclusive on September 2, 2013" in the first copy of the facts constituting the crime in the judgment of the court below, and except for adding "1. The defendant's trial statement at the trial court at the court below on September 2, 2013" in the summary of the evidence, it is identical to each other in the judgment of the court below, and thus, it is cited in accordance with Article

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order not only has the history of having been punished several times for the same kind of crime, but also on December 10, 2009.