The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, according to evidence, the defendant was sentenced to imprisonment with prison labor for two years and a fine of 500,000 won for fraud, etc. on February 8, 2019. On February 16, 2019, the above judgment became final and conclusive [Seoul Western District Court 2018 High Court 2018 High Court 1507, High Court 2018 High Court 2054, High Court 2018 High Court 2018 High Court 2465, High Court 2018 High Court 2793, High Court 2018 High Court 2793, 2018 High Court 2856, 2018 High Court 3836 (Consolidation), 2018 High Court 435 (Joint), 2018 High Court 2010Mo30 (Consolidated), 2019)]

Therefore, in accordance with Article 39(1) of the Criminal Act, punishment for the instant crime should be sentenced in consideration of equity with the case where a judgment becomes final and conclusive at the same time. Therefore, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

[C] The summary of the judgment of the court below is the criminal facts and the summary of the evidence admitted by the court of this case. "The defendant was sentenced to imprisonment with labor for two years and a fine of 500,000 won on February 8, 2019 and the above judgment became final and conclusive on February 16, 2019" in the first head of the judgment of the court below. "A criminal record in the judgment of the court of Seoul Western District Court 2018 High Court 1507, 2018 High Court 2018 High Court 2054 (Joint), 2018 High Court 2054 (Joint), 2018 High Court 2065 (Joint), 2018 High Court 2793 (Joint), 2018 High Court 2796 (Joint), 205 High Court 2036 (Joint), 2018 High Court 435 (Joint), 2018 High Court 2019 (Joint).31).