The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

A fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Each punishment (the first judgment of the court below: the fine of KRW 500,00, KRW 2500 and KRW 50,000, KRW 300,000) that the court below sentenced to the defendant is too unreasonable.

After the court of first, second, and third judgment on the judgment of the court of first and third instances has completed a separate hearing on the defendant, each judgment was rendered, and the defendant filed an appeal on each of the cases, and this court decided to hold a joint hearing on the appeal case.

The first and the third original judgments against the defendant should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the first and third original judgments cannot escape from all reversal.

In addition, according to the records of this case, the defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on July 10, 2014, and the above judgment became final and conclusive on September 5, 2014. Since the crimes of the first and third court below are crimes committed before the above judgment becomes final and conclusive, the above crimes of the first and third court below are concurrent crimes with the crimes of the latter part of Article 37 of the Criminal Act, which have become final and conclusive, and thus, the punishment should be determined after considering the equity and the reduction or exemption of punishment in accordance with Article 39

In this respect, the first and third judgment of the court below can no longer be maintained.

On July 15, 2010, the Defendant, at the Changwon District Court, sentenced on July 15, 201 to one year for fraud, and on November 30, 201, the period of eight months imprisonment for fraud at the Gwangju District Court, which became final and conclusive around that time. Each of the crimes in the judgment of the second instance is in the relation of concurrent crimes between the crimes for which this judgment has become final and that in the latter part of Article 37 of the Criminal Act, each of the crimes in the judgment of the first and third instance is not sentenced to the punishment.

Therefore, unlike the judgment of the court below in the first and third cases, the court does not render ex officio destruction.

The Defendant committed the instant crime.