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 summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. According to the records of ex officio determination, etc., the Defendant appealed from the Busan District Court (2017 High Court, 3529, etc.) on January 10, 2018, who was sentenced to imprisonment for a crime of fraud and appealed from one year and two months. However, on July 6, 2018, the appellate court (2018No. 209, Busan District Court) received a judgment dismissing an appeal, and filed a second appeal, and on September 4, 2018, filed a final appeal by the final appeal (2018Do11751, Sept. 4, 2018), and the said judgment became final and conclusive on the same day.

The crime of the judgment of the court below against the defendant and the crime of fraud against which the judgment of the court below became final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Act, and in accordance with the first sentence of Article 39 (1) of the Criminal Act, a punishment for the crime of the judgment of the court below shall be sentenced in consideration of equity in the case where the judgment

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

[Grounds for a new judgment] A summary of facts constituting a crime and evidence recognized by the court, and a summary of the evidence, among the judgment of the court below, were sentenced to imprisonment with labor for not less than one year and two months at the Busan District Court on January 10, 2018 and the judgment on September 4, 2018 became final and conclusive on September 4, 2018.

“A previous conviction in the judgment of the court below: A criminal investigation report (a continuous fact in the appellate trial trial and the record of repeated crime), judgment [the judgment of the court below 3529, 3810, 3949, 4446, 5283, 5619, 5619 (Joint), 5619)] in the column of evidence in the column of evidence [The search of the Koptnet case is the same as the entry in each corresponding column of the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;