The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, the Defendant was sentenced to imprisonment with prison labor for a special injury on August 31, 2016 at the Gwangju District Court on September 8, 2016 and became final and conclusive on September 8, 2016. As such, since the crime and the above special injury crime against the Defendant, which became final and conclusive on September 8, 2016, are concurrent crimes with a group after Article 37 of the Criminal Act, a punishment shall be determined in consideration of equity with a case where the judgment is concurrently rendered pursuant to the main sentence of Article 39(1) of the Criminal Act, the lower court which did not take such measures,

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: “The defendant was sentenced on August 31, 2016 to imprisonment with prison labor for special injuries, etc. at the Gwangju District Court on August 31, 2016 and the judgment on September 8, 2016 became final and conclusive on September 2016.

“A previous conviction in the judgment of the court below” during the 14th behavior and 15th behavior of the second and the 14th behavior, except for the addition of “a criminal investigation report (a criminal suspect A’s attachment of a final and conclusive judgment): As stated in each corresponding column of the judgment of the court below, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (Amended by Act No. 13929, Jan. 27, 2016); Article 30 of the Criminal Act concerning criminal facts

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.