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 main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 5,00,000) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to judgment.

According to the evidence duly adopted and examined by the court below, the defendant was sentenced to the suspension of six months of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and a violation of the Road Traffic Act (i.e., an accident), and a violation of the Road Traffic Act (i., a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) on February 3, 2016, and the above judgment became final and conclusive on February 12, 2016.

According to the above facts of recognition, since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( Escape Vehicles) against the defendant and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive in the judgment of the court below, are concurrent crimes of the latter part of Article 37 of the Criminal Act, the punishment for the above crime of fraud shall be imposed by taking into account equity with the case of a crime of violation of the Act on the Aggravated Punishment

Therefore, the court below erred by misapprehending the legal principles as to concurrent crimes by the latter part of Article 37 of the Criminal Act, which affected the conclusion of the judgment.

3. In conclusion, the judgment of the court below is reversed pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

On February 3, 2016, the Defendant was sentenced to the suspension of the execution of two years and 40 hours of lectures to comply with the law on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (unnecessary measures after accidents) at the Suwon Friwon on February 3, 2016, and the above judgment became final and conclusive on February 12, 2016.

The Defendant is a person who provides real estate consulting in the name of “D” and “E” in Gwangju City.

In July 2014, the Defendant: “A part of the disposition drawings in Gwangju City C,” to the Victim F in Gwangju City E located in Gwangju City.