The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (2 million won of fine) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to four months of imprisonment for fraud in the Daegu District Court’s Ansan Branch on May 2, 2013, and the said judgment became final and conclusive on May 30, 2013.

As the crime of this case is related to the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to four months of imprisonment for a crime on May 2, 2013, and the above judgment was finalized on May 30, 2013," in the first part of the facts charged of the judgment of the court below, and the summary of the evidence added "1. A previous conviction: Report of investigation (report attached to judgment, etc.), copy of the judgment, and output of the screen of the integrated system search of the prosecutor's office" as stated in the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant repents and reflects his mistake.