The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The defendant does not pay the above fine.

1. The punishment of a fine of KRW 500,00,000 sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, in the court below, there is a relationship between the crime of this case and the crime of single concurrent crimes after Article 37 of the Criminal Act.

In addition to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was decided by the defendant on March 20, 2014 and sentenced to seven years of imprisonment by the Busan High Court on May 29, 2014, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on May 29, 2014 also constitutes a single concurrent crime under Article 37 of the Criminal Act with the instant crime. As such, the equity between the two crimes for which the judgment becomes final and conclusive should be considered when determining the punishment for the instant

The judgment of the court below which determined the punishment against the defendant with an excessive charge of this point shall not be maintained as it is.

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 the following decision is delivered through pleadings.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by the court in question was sentenced to seven years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan High Court on March 20, 2014, and the judgment became final and conclusive on May 29, 2014.

“A previous conviction in the judgment of the court below: A previous conviction in the judgment of the court below in the summary of evidence shall be added and the previous conviction in the judgment of the court below shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for a change to “a criminal history inquiry, each judgment, and search of the case

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.