The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

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 of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the Prosecutor filed an application for changes in indictment with the following provisions: “Articles 37 and 39 of the Criminal Act” in the applicable provisions of the indictment in the case of a trial; “The Defendant was sentenced on November 25, 2014 to eight months in imprisonment with prison labor at the Jung-gu District Court on the charge of fraud, etc. and the judgment became final and conclusive on March 21, 2015.” Since the judgment was modified by this Court’s permission, the judgment of the lower court was no longer maintained.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 reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence thereof recognized by this court are as follows: “The defendant was sentenced to eight months of imprisonment by fraud, etc. at the Jung-gu District Court on November 25, 2014, and the judgment became final and conclusive on March 21, 2015” in the summary of the evidence, except for adding “1. previous records: conet case search printed out and the judgment (comnet case file)” to each corresponding column of the judgment of the court below, thereby citing it as is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

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

1. The Defendant’s blood alcohol concentration (0.057%) was relatively lower at the time of committing a crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and the instant crime was committed by fraud, etc. for which the judgment has already become final and conclusive, and the Criminal Act.