The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the Prosecutor appealed on January 11, 2018, who was sentenced to imprisonment with prison labor on embezzlement, etc. at the Jeonju District Court on the charge of the offense and is currently pending in the trial.

“On January 11, 2018, the Jeonju District Court sentenced the Defendant to four months of imprisonment for embezzlement, etc., and the said judgment became final and conclusive on April 14, 2018.

It is changed to “the latter part of Article 37 of the Criminal Act, but Article 39(1) of the Criminal Act was added to “the latter part of Article 37 of the Criminal Act,” and the subject of the judgment was changed by this court’s permission. Thus, the judgment of the court below was no longer maintained.

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

【The reasoning of the judgment that was used again] The summary of criminal facts and evidence acknowledged by the core mind of criminal facts and evidence is the criminal records of the judgment of the court below, “B,” and the Defendant was sentenced to six months of imprisonment and a fine of five million won at the former District Court on August 20, 2015 and completed the execution of the sentence at a military prison on February 17, 2016. On January 11, 2018, the former District Court was sentenced to four months of imprisonment with prison labor for embezzlement, etc. and appealed at the former District Court and is currently pending trial.

On January 11, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for embezzlement, etc. at the Jeonju District Court on April 14, 2018 and the said judgment became final and conclusive on April 14, 2018.

A previous conviction in the judgment of the court below as of "1." A summary information inquiry of the case and the text of the judgment of the court below as of "1." A summary information inquiry of the case and the text of the judgment of the court below are identical to each corresponding column of the judgment of the court below. Thus, it is without merit in accordance with Article 369 of the Criminal Procedure Act.