The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one million won of fine) is too large.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court below did not take such measures, and stated that the defendant committed the crime of this case in the state of mental and physical disability due to depression in the application for formal trial submitted to the court below. The court below did not make any decision on November 22, 2012, since the defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court on November 30, 2012, and the judgment became final and conclusive. As such, the crime of this case for which the judgment became final and conclusive is in a concurrent crime under the latter part of Article 37 of the Criminal Act, since the crime of this case is in a concurrent crime under the latter part of Article 37 of the Criminal Act, the court below did not take any such measures, and further, the court below argued that the defendant committed the crime of this case in the state of mental and physical disability due to depression in the application for formal trial submitted to the court below.

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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court on November 22, 2012 and the judgment became final and conclusive on November 30, 2012" in the first criminal facts of the judgment of the court below; and "1. A previous conviction in the summary of the evidence" is as stated in the judgment of the court below, except for addition of investigation reports (Attachment of written judgments), statement of agreement assistance to the case agreement, and written judgment, it is identical to each corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;