The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to eight months and by a fine of up to 320 million won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (unfair sentencing) asserts that the defendant is too unreasonable, and the prosecutor is too unjustifiable, against the punishment imposed by the court below [the imprisonment for August, the suspension of the execution of two years, the fine for 320 million won per day (the custody of exchange penalty of KRW 800,000 per day), and the community service order of 120 hours].

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

According to the evidence duly adopted and examined by the court below, the defendant was sentenced to the suspension of the execution of ten months of imprisonment with prison labor by the Suwon District Court on May 9, 2019 and the above judgment became final and conclusive on May 17, 2019.

However, since the crime of the judgment of the court below against the defendant is a concurrent crime under the latter part of Article 37 of the Criminal Act and the crime of the latter part of Article 39 (1) of the Criminal Act, the punishment shall be determined in consideration of equity in the case of

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

【Reasons for the Judgment in 201Da369 delivered on May 9, 2019 and the judgment in 2019 became final and conclusive on May 17, 2019 due to the crime of fabrication of private documents at the Suwon District Court rendered on May 9, 2019) and the summary of the facts constituting the crime and the evidence admitted by the court below are identical to each corresponding column of the judgment of the court below, except for adding "1. previous conviction in the judgment in 201: Defendant’s trial statement at the trial and inquiry report at the end of the evidence," which is the same as that of each corresponding column of the judgment of the court below.

Application of Statutes

1. Specific crimes provided for in the relevant Act regarding criminal facts.