The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment (a fine of 1.5 million won) imposed on the defendant by the court below is too unreasonable.

According to the records of ex officio judgment, on January 24, 2014, the defendant was sentenced to imprisonment for ten months with prison labor for night building intrusion larceny at Busan District Court on October 24, 201 and the above judgment became final and conclusive on February 4, 2014. Since the crime of the court below and the above night building intrusion larceny at night, which became final and conclusive on February 4, 2014, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the above night building intrusion larceny at the same time is in a concurrent relationship under the latter part of Article 39(1) of the Criminal Act, the defendant should be sentenced to punishment for the crime against the defendant in consideration

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

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: "The defendant was sentenced to two years of suspension of execution on January 24, 2014 to imprisonment with prison labor for night building intrusion larceny at the Busan District Court on the night on the part of October 24, 2014 and the above judgment became final and conclusive on February 4, 2014" in the first head of the judgment of the court below; and "the summary of evidence" is the same as the corresponding column of the judgment of the court below, except for adding "the previous conviction: the case search" to "the summary of the evidence" as stated in the "the summary of the judgment of the court below." Thus,

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act is the case.