All judgment of the court below shall be reversed.

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

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal is unreasonable in the lower court’s respective punishment (3 million won of the first instance court’s fine, 500,000 won of the second instance’s fine).

2. Prior to the judgment on the grounds for appeal, the first and second court rendered a separate examination and rendered a judgment of conviction against the defendant, and the defendant brought an appeal respectively. The court decided to hold the above appeal together with other cases.

However, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced within the scope of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below against the defendant was no longer maintained.

On the other hand, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court on October 11, 2013 and the judgment was finalized on December 12, 2013. In the judgment of Seoul Western District Court, when the above crime and the first instance judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act. Therefore, the judgment of the first instance court which did not take such measures is no longer maintained in this respect.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 assertion of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts constituting a crime recognized by this court and the summary of the evidence thereof are all the facts constituting a crime of the first instance judgment, except for adding "the defendant was sentenced to eight months imprisonment at the Seoul Western District Court on October 11, 2013 for fraud and the judgment on December 12, 2013 became final and conclusive on December 12, 2013" to all the facts constituting a crime of the first instance judgment, and therefore, it is identical to each corresponding column of each judgment of the lower court. Therefore, it

Application of Statutes

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