The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The main point of the grounds for appeal is that the lower court’s punishment (one 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, the defendant was sentenced to one year of imprisonment with prison labor on March 18, 2016 at the Suwon Friwon, for a computer and other use fraud, etc., and the judgment became final and conclusive on April 15, 2016.

The crime of fraud, etc. against the use of the aforementioned computers, etc., which became final and conclusive, and the crime of this case, shall be sentenced to punishment for the crime of this case by taking account of equity in the case of concurrent crimes in accordance with Article 39(1) of the Criminal Act, with regard to the relationship of concurrent crimes

Therefore, the judgment of the court below cannot be maintained.

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

[Judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are the facts constituting an offense and the summary of the evidence. The first sentence of the facts constituting an offense in the judgment below was sentenced to imprisonment with prison labor on March 18, 2016 for one year, including computer, and the judgment became final and conclusive on April 15, 2016.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exemption of Punishment Act (Article 39(1) of the former part of the Criminal Act, even if the instant crime was judged simultaneously with the aforementioned crime of fraud by using computers, etc., taking into account the details of the crime of fraud by using computers, etc., in which judgment became final and conclusive, the sentence due to the above computer, etc., cannot