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.

1. On December 14, 2015, the Defendant did not submit the appellate brief within the 20-day period for filing the appellate brief under Article 361-3(1) of the Criminal Procedure Act even when he/she received the notification of the receipt of the trial record from this court.

According to evidence duly adopted and investigated by the Health Team and the Court of Justice, the defendant was sentenced to six months of imprisonment with prison labor at the Suwon District Court on March 25, 2016, and the judgment became final and conclusive on April 2, 2016.

Therefore, in the above crime of fraud, etc. for which judgment has become final and conclusive, the punishment for the crime in the judgment of the court below shall be imposed in consideration of equity with the case where judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act, since the crime in the latter part of Article 37 of the Criminal Act is in a concurrent crime relationship with

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting a crime and the evidence admitted by the court in light of the summary of the facts constituting a crime and the evidence, the judgment of the court below is based on the first head of the judgment below as follows: "The defendant was sentenced to six months of imprisonment with prison labor at the Suwon District Court on March 25, 2016 and the judgment became final and conclusive on April 2, 2016"; and "a summary of evidence" is the same as that of the judgment of the court below, except for addition of "a copy of the judgment: the copy of the judgment of the judgment of the court of first day and the subsidiary of the agreement of the case," and thus, it is acceptable as it is in accordance

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

1. The Defendant’s crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouse.