The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, the record reveals that the Defendant was sentenced to imprisonment for eight months on March 18, 2015 with prison labor and for two years on March 26, 2015 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and that the above judgment became final and conclusive on March 26, 2015. Since the crime in the judgment of the court below is in a concurrent relationship with the above violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., for which the judgment has already become final and conclusive and the latter part of Article 37 of the Criminal Act is related to the crime in the latter part of Article 37 of the Criminal Act, the sentence shall be determined after examining whether to reduce or exempt

3. Accordingly, 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 it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged and the summary of the evidence admitted by this court are as follows: “The defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution on March 26, 2015 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on March 18, 2015 and the above judgment became final and conclusive on March 26, 2015.” The summary of the evidence is as follows: “1. Defendant’s current trial statement” in the front part of the main part of the evidence; and “1. Defendant’s previous trial statement: Defendant’s current trial statement” in the last part; and thus, it is identical to each corresponding part of the judgment below,

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes