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. Sentencing sentencing on the gist of grounds for appeal (the punishment of the court below shall be sentenced to three months);

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds of appeal.

B. According to the records, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Changwon District Court on March 16, 2018 and was sentenced to dismissal of Defendant’s appeal at the Changwon District Court on June 28, 2018, but was sentenced to dismissal of Defendant’s appeal at the Changwon District Court on June 28, 2018, but did not file an appeal, and it was recognized that the said judgment became final and conclusive on July

Therefore, since each crime of this case, which was committed prior to the day when the judgment of the court below became final and conclusive, and the crime of the previous conviction of this case, which became final and conclusive, is a concurrent crime by the latter part of Article 37 of the Criminal Act, the punishment for the crime of this case shall be determined after considering equity among the cases where the judgment is concurrently rendered under Article 39(1) of the Criminal Act and examining whether

(c)

The judgment of the court below, only after the pronouncement of the judgment of the court below, has become final and conclusive in relation to each of the crimes in this case and the crimes in the latter part of Article 37 of the Criminal Act. For this reason, the court below considered the equity in cases where the judgment was made at the same time as the crime in the previous conviction, which became final and conclusive in accordance with Article 39(1) of the Criminal Act and examined whether to reduce or exempt the sentence, and thus, the judgment of the court below

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.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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