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. Summary of grounds for appeal;

A. It is unfair that the court below's sentence (five million won in penalty) declared by the defendant against the defendant is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Prior to the judgment on each of the grounds for appeal by the Defendant and the prosecutor, according to the records, the Defendant was sentenced to four months of imprisonment on November 9, 2017 from the Suwon District Court Sejong District Court for fraud on February 15, 2018, and the judgment became final and conclusive on February 15, 2018. As such, inasmuch as the crime of fraud and the crime of this case, which became final and conclusive as above, are in the concurrent relationship between the two crimes after Article 37 of the Criminal Act and the crime of this case, a sentence shall be imposed after examining whether to reduce or exempt the punishment, taking into account equity and the case where the said judgment is rendered at the same time

Therefore, in the case of a trial, the prosecutor applied the provision of the law to add "Article 37 of the Criminal Code" to "Article 39 (1) of the Criminal Code," and the court permitted this.

In this respect, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above unfair sentencing argument by the defendant and the prosecutor, and the judgment below is reversed, and the following is ruled again through pleading.

[Judgment in its entirety] On November 9, 2017, the Defendant was sentenced to four months of imprisonment for fraud in Suwon District Court Sejong District Court’s Housing Site Costs, and the judgment became final and conclusive on February 15, 2018.

The summary of the evidence is as follows: (a) except for the addition of “1. Before the end of the judgment: the Defendant’s oral statement, each written judgment, and each Supreme Court’s search result” to the end of the judgment of the lower court; (b) therefore, it is identical to each corresponding column of the judgment of the lower court.