The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The defendant has not filed an appellate brief within the deadline for submitting the appellate brief under Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal filed does not contain any grounds for appeal.

However, according to the records of this case, on June 13, 2019, the court rendered a sentence of imprisonment with prison labor for 4 months for larceny and a sentence of imprisonment with prison labor for 2 years for probation on June 21, 2019 and became final and conclusive on June 21, 2019.

Therefore, since the crime of larceny in the judgment of the court below is in the relation of the crime of larceny in which the judgment of the court below became final and conclusive and the crime of larceny in the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equality in the case of concurrent judgment pursuant to Article 39(1) of the Criminal

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

【The reason for the judgment in Dao- used] The criminal facts and the summary of the evidence admitted by the court in this Court and the summary of the evidence are as follows. The first head of the judgment of the court below added "the defendant was sentenced to a two-year suspended sentence and probation order for larceny at the Seoul Northern District Court on June 13, 2019, and on June 21, 2019, the above judgment became final and conclusive on June 21, 2019." The summary of the evidence added "1. The previous records in the judgment in 1.: case search (Seoul Northern District Court 2018Da4880), a copy of the judgment (Seoul Northern District Court 2018Da4880)" to the last page of the judgment of the court below, and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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