The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for special larceny in the Daegu District Court Branch of Pohang (2017 Godan502) on June 14, 2017, and the judgment became final and conclusive on June 22, 2017.

The above special larceny, for which each crime of the judgment of the court below and the above special larceny against the defendant become final and conclusive, is in the relation of concurrent crimes after Article 37 of the Criminal Act, and shall be sentenced to punishment for each crime as stated in the judgment of the court below in consideration of the equality in the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article

3. The judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows. The first head of the criminal history in the reasoning of the judgment of the court below was sentenced to imprisonment with prison labor for special larceny in the Daegu District Court Port Branch on June 14, 2017 and the judgment became final and conclusive on June 22, 2017.

Except for the addition of “the corresponding part of the lower judgment,” it is identical to the corresponding part of the lower judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 360(1) of the Criminal Act in relation to the relevant criminal facts (a) of the Criminal Act, Article 347(1) of the Criminal Act (a) (a point of fraud), Article 70(1)3 (a) of the Act on Financial Business Specializing in Credit, and Articles 352 and 347(1) (a) of the Criminal Act (a point of attempted fraud) of the Criminal Act;

1. Selection of an alternative fine for punishment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) of the Criminal Act to attract a workhouse.