The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment, and where a sentence is to be pronounced, the facts constituting an offense, gist of evidence and application of Acts and subordinate statutes shall be clearly stated in the grounds for appeal;

(Article 323(1) of the Criminal Procedure Act. According to the evidence duly adopted and examined by the court below, the defendant was sentenced to imprisonment with labor for not more than ten months at the Busan District Court on May 21, 2020, and the judgment on October 16, 2020 became final and conclusive.

However, the crime of this case is committed before the above judgment becomes final and conclusive, and is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud for which judgment becomes final and conclusive, and the equality in the case of judgment shall be taken into account in accordance with

Nevertheless, the lower court erred in violation of the above provision by omitting the aforesaid criminal records in the part of criminal facts, and the application of the law, and it is clear that this affected the conclusion of the judgment. Therefore, the lower court’s judgment was no longer maintained in this regard.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by this court and the summary of the evidence of the criminal facts and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, since the defendant was sentenced on May 21, 202 to imprisonment with prison labor for a crime of fraud at the Busan District Court on May 21, 2020, and the judgment became final and conclusive on October 16, 2020, and was added.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;