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) that the court below rendered on the defendant is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s appeal, the record of this case reveals that the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Incheon District Court on June 29, 2016, and on January 19, 2017, it can be recognized that the above judgment became final and conclusive on January 19, 2017. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and the punishment of this case is determined in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

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 of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the person who was sentenced to a suspended sentence of imprisonment for eight months by fraud, etc. at the Incheon District Court on June 29, 2016, and the above judgment on January 19, 2017, under the column of “criminal facts” of the judgment of the court below 1.

“A summary of evidence” in Section 2 refers to “a summary of the evidence” as it is stated in the corresponding column of the lower judgment, except for the addition of “1. A criminal record before and after the judgment: Defendant’s oral statement at the court below” to the last sentence, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure that is not taken after the destruction of goods) of the Road Traffic Act, subparagraphs 1, 43 of Article 152 of the Road Traffic Act, and the selection of fines, respectively, concerning the selection of fines;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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. Attraction of a workhouse;