The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of KRW 9 million (the fine of KRW 9 million) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court on February 4, 2016, and the judgment became final and conclusive on February 12, 2016. The crime in the judgment of the court below is in a relation between fraud, etc. for which the judgment of the court below became final and conclusive and concurrent crimes under the latter part of Article 37 of the Criminal Act, and is at the same time determined in consideration of equity in cases where the judgment of the court is to be rendered pursuant to Article 39(1) of the Criminal Act. In this regard

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[C] The criminal facts and the summary of the evidence admitted by the court in light of the substance of the criminal facts and the summary of the evidence are as follows: "The defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court on February 4, 2016 and the judgment became final and conclusive on February 12, 2016" in the summary of the evidence; and "1. A previous conviction in the judgment of February 1, 2016: A report on the results of confirmation, judgment, and the current status of the progress of the case are as stated in each 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 355 (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 Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant has been punished once by imprisonment with prison labor and three times by a fine, etc. that is disadvantageous to the defendant.