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 sentence imposed by the court below on the defendant (three months of imprisonment) is too unreasonable.

2. On July 12, 2013, according to the records of this case, the defendant was sentenced to six months of imprisonment for fraud, the violation of the Civil Execution Act, the crime of embezzlement, and the violation of the Framework Act on Construction Projects at the Daegu District Court on July 12, 2013, and the above judgment becomes final and conclusive on September 13, 2013. The crime of violation of the Civil Execution Act, the crime of embezzlement, the violation of the Framework Act on Construction Projects and the crime of this case are related to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act by taking into account the case of concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence. Thus, the judgment of the court below cannot be maintained any more.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without having to judge the defendant's assertion, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: "The defendant was sentenced on July 12, 2013 to six months of imprisonment for fraud, the Civil Execution Act, the crime of embezzlement, and the violation of the Framework Act on Construction Projects at the Daegu District Court on July 12, 2013," and "the above judgment became final and conclusive on September 13, 2013" in the summary of the evidence, "1. The defendant's trial statement at the trial court at the trial court at the trial court at the trial of the defendant," "1. The first trial record at the court of first: the three judgments (2013Do9490), the second judgment (207) and the first judgment (2012No55)" are as stated in the corresponding column of the judgment of the court below. Thus, all of them shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes