The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) imposed by the lower court is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

On August 13, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for fraud by using computers, etc. in the Daegu District Court Kimcheon Branch on August 13, 2019, and the said judgment became final and conclusive on November 9, 2019.

Since each of the crimes of this case and the above crimes against the defendant for which judgment has become final and conclusive 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 sentenced in consideration of equity in the case of concurrent crimes under the former part of Article 39(1) of

In this regard, the prosecutor added to the facts charged in the indictment of this case against the defendant in the trial of the political party, "the defendant of criminal records was sentenced to eight months of imprisonment with prison labor on August 13, 2019, in the Daegu District Court Kimcheon Branch, and the above judgment became final and conclusive on November 9, 2019," and applied for permission to amend the indictment to add "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to the applicable provisions of law, and this court permitted this.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

[Discied reasoning of the judgment below] Criminal facts acknowledged by this court are identical to the corresponding column of the judgment below, except for adding "the defendant of criminal records was sentenced to eight months of imprisonment with prison labor on August 13, 2019 from the Daegu District Court Kimcheon Branch of the Daegu District Court for the crime of fraud by using computers, etc. on November 9, 2019" to "the above judgment became final and conclusive on November 9, 2019." Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence recognized by this Court shall be: