The part of the judgment of the court of first instance against the defendant is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

Defendant.

1. Summary of grounds for appeal;

A. The Defendant does not have received a mobile phone device after filing an application for membership of the mobile phone as stated in the judgment of the first instance.

B. The first instance of the unfair sentencing decision (2 million won of fine) is too unreasonable.

2. Determination

A. According to the records of ex officio determination, on May 1, 2015, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud and two years of suspended execution, which became final and conclusive on July 1, 2015.

As the crime of fraud and each of the crimes of this case established are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each of the crimes of this case shall be determined in consideration of equity with the judgment at the same time in accordance with Article 39(1)

Therefore, the first instance judgment can no longer be maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and the following is examined.

B. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that the Defendant, in collusion with the victims as stated in the judgment of the first instance court, was unaware of the victims as stated in the statement in the judgment of the first instance, was unable to pay the device installment and the user fee, thereby sufficiently recognizing the fact that

The defendant's assertion of mistake is without merit.

3. In conclusion, the first instance judgment is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the ground that the grounds for reversal ex officio exist, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: “The defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on May 1, 2015 and two years of suspended execution and became final and conclusive on July 1, 2015 at the Seoul Central District Court on May 1, 2015, and was finally determined on July 1, 2015.”