The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (two million won of a fine) is too unlimited and unfair.

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

The lower court, on December 14, 2012, sentenced the Defendant to a suspended sentence of two years for larceny at the Seoul Central District Court sentenced the Defendant to a suspended sentence of eight months on December 22, 2012, and sentenced the said judgment to a concurrent crime under the latter part of Article 37 of the Criminal Act, since the crime for which judgment became final and conclusive and the crime of this case committed before the said judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act. In determining punishment for the crime of this case, the lower court applied the latter part of Articles 37 and 39(1) of the Criminal Act on the ground that a sentence should be determined in consideration of equity in cases where the crime of this case and the crime for which judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act are concurrently adjudicated, and sentenced to a fine of two million won against the Defendant in the previous record and column

However, according to the records, the "Conet case search, copy of the decision" is only bound in the trial records and there is no trace of examination by examining evidence, with the purport that the defendant was sentenced as above and the decision became final and conclusive.

(The date of printing the copy of the above judgment is the date of closing the argument of the court below, which was after February 7, 2013). Therefore, the court below erred by failing to exhaust all necessary deliberations as to the latter part of Articles 37 and 39(1) of the Criminal Act, which affected the conclusion of the judgment.

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 reversed and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court and summary of the evidence are the facts of crime and summary of the evidence.