All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that each sentence (the first sentence: the fine of KRW 3 million is imposed, the second sentence: the fine of KRW 1 million is imposed, the third sentence: the fine of KRW 3 million is imposed, and the fine of KRW 4 million is imposed) imposed on the defendant is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. According to the records of this case, on March 17, 2016, the Defendant was sentenced to seven months of imprisonment by the Busan District Court for fraud, etc., and the judgment became final and conclusive on March 25, 2016.

Each of the crimes in the judgment of the court below against the defendant is in a concurrent relationship between the above crime of fraud, etc. for which the judgment becomes final and conclusive and the latter part of Article 37 of the Criminal Act, and the punishment shall be imposed at the same time in consideration of the equity between the cases where the judgment is to be rendered at the same time in accordance with Article 39 (1) of the Criminal Act. Therefore, each of the judgment below

B. In addition, the Defendant filed an appeal against each of the above decisions after being sentenced to the judgment of the first instance court, the judgment of the second instance and the judgment of the third court, and this court decided to hold a joint hearing of each of the above appeals cases.

However, each crime of the first, second, and third judgment against the defendant is both concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained even in this respect.

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's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence recognized by this court is the first head of each original judgment on March 17, 2016 and the judgment became final and conclusive on March 25, 2016 after having been sentenced to seven months of imprisonment by Busan District Court for fraud, etc.

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