The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

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

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

According to the records of this case, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny at the Suwon District Court on December 28, 2014, and the said judgment became final and conclusive on January 26, 2015.

The above special larceny and the crime of this case, which became final and conclusive, must be sentenced to punishment for the crime of this case in consideration of equity in cases where a judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act with regard to concurrent crimes under the latter part of Article 37 of the Criminal

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above ex officio reversal of the grounds for reversal of unfair sentencing. The judgment of the court below is reversed, and the following decision is delivered through

Criminal facts

In the first head of the facts constituting the crime of evidence, “Defendant was sentenced to two years of imprisonment with prison labor for special larceny at the Suwon District Court on December 28, 2014, and the judgment became final and conclusive on January 26, 2015,” and in the summary of the evidence, a copy of the first written judgment (U.S. District Court Decision 2014No6203),” in the column of the summary of the evidence;

1. Except for addition of "the details of inquiry into an integrated case", it is identical to each corresponding column of the judgment of the court below, and thus, it is cited 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. 13069, Jan. 20, 2015); the choice of fines for criminal facts;

1. The latter part of Articles 37 and 39(1) of the Criminal Act that treats concurrent crimes (the punishment shall be imposed in consideration of equity between the special larceny of the first head and the violation of the Electronic Financial Transactions Act, in which the judgment becomes final and conclusive);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Electronic financial transactions;