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. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. In light of the records, prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Busan District Court on July 18, 2019, and the above judgment became final and conclusive on July 26, 2019. The Defendant’s crime in the judgment of the lower court against the Defendant is in the concurrent relationship between larceny as determined by the judgment and the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where the judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act. Thus, the lower judgment is no longer maintained.

3. Therefore, 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, and the judgment below is ruled as follows after hearing.

[C] The summary of the facts constituting a crime and the evidence admitted by this court is the first head of the judgment of the court below, which added "the defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Busan District Court on July 18, 2019, and the above judgment became final and conclusive on July 26, 2019" to the first head of the judgment of the court below, and except for addition of "the defendant's oral statement at the court below" as evidence for the previous offense as stated at the end of the evidence, since it is the same as the corresponding column of the court below's judgment in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and selection of fines for a crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, led to confession of the crime and made his/her mistake.