The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,500,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.

According to the records, the Defendant was sentenced to ten months of imprisonment with prison labor on October 10, 2013 by the Daegu District Court on the charge of forging private documents, etc., and the judgment became final and conclusive on December 28, 2013. As such, the crime of forging private documents, etc., for which the judgment became final and conclusive, and the crime of this case, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, should be determined after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is concurrently rendered pursuant to Article 39(1)

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the above reasons for ex officio reversal are reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the first head of the judgment of the court below added “criminal facts” to “the defendant was sentenced to ten months of imprisonment with prison labor for the crime of forging private documents at the Daegu District Court on October 10, 2013 and the judgment became final and conclusive on December 28, 2013”; and (b) the phrase “a summary of evidence” added “1. In addition, the phrase “a summary of the evidence” to “a summary of the evidence” is the same as the corresponding column, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 360 (1) of the Criminal Act for the crime (the embezzlement of stolen objects), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 230 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Article 37 of the Criminal Code among concurrent crimes.