The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case show that the Defendant was sentenced to imprisonment of one year and eight months with prison labor at the Daegu District Court on June 9, 2016, and the judgment became final and conclusive on September 8, 2016. As such, the crime of this case and the crime of fraud for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to the relationship between the crime of this case and the crime of fraud under the latter part of Article 39(1) of the Criminal Act, taking into account the case at the same time and the equity, and after examining whether to reduce or exempt the sentence

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 ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is that the first head of the judgment of the court below is "the defendant was sentenced to one year and eight months of imprisonment for a crime on June 9, 2016 at the Daegu District Court and the judgment became final and conclusive on September 8, 2016" in the summary of the evidence "1. A previous conviction in the summary of the evidence: the defendant's statement in the court below and the investigation report (attached to the judgment) are added, as stated in each corresponding column of the judgment of the court below, so all these facts are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 246(1) of the Criminal Act, the choice of punishment for the crime, Article 246(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of fines;

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act shall apply.