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. The summary of the grounds for appeal is that the Defendant was sentenced to a suspended sentence of two years at the Seoul Eastern District Court on August 30, 2010 for a year of imprisonment with labor for the same criminal facts as the instant facts charged, and the said judgment became final and conclusive. Therefore, the lower judgment that did not consider such circumstances is unlawful.

2. Determination

A. The lower court determined ex officio, on October 31, 2008, that the Defendant was sentenced to three years and six months to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Goyang Branch Branch of the Jung-gu District Court on December 31, 2008, and recognized the fact that the said judgment became final and conclusive on December 27, 2008, and determined that the Defendant was in a concurrent relationship between the crime of violation (thief) of the Act on the Aggravated Punishment, etc.

However, according to the records of this case, the defendant, at the Seoul Eastern District Court on August 30, 2010, sentenced to a suspended sentence of two years on September 7, 2010 due to a crime of fraud, fabrication of private documents, or uttering of a falsified document at the Seoul East District Court, which became final and conclusive on September 7, 2010. The crime of this case is not only a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on December 27, 2008, but also a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime of this case committed on September 7, 2010, as well as a concurrent crime under the latter part of Article 39(1) of the Criminal Act, shall be sentenced to the punishment of this case in consideration of equity and cases where the crime

(See Supreme Court Decision 2008Do209 Decided October 23, 2008, etc.). Nevertheless, in the application of Article 39(1) of the Criminal Act, the lower court applied only the previous conviction of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on December 27, 2008, and did not apply to the previous conviction of a crime of fraud, etc. which became final and conclusive on September 7, 2010.

Therefore, the court below is against the crime of this case in consideration of equity with the case where each of the above judgments becomes final and conclusive pursuant to Article 39(1) of the Criminal Act.