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. On December 6, 2018, according to the records of this case, the defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on December 6, 2018 and to a community service order of two years and 120 hours, and the judgment on April 16, 2019 became final and conclusive.

Therefore, since the crime of the judgment of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the above crime of fraud for which the judgment of the court below has already become final and conclusive, the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and equity in the

Therefore, the judgment of the court below is no longer maintained.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

【The reasoning of the judgment in Dao-written] The summary of the facts constituting the crime and the evidence admitted by the court in this Court and the summary of the facts constituting the crime in the reasoning of the judgment of the court below are added to the first head "the defendant was sentenced to the two-year suspended sentence of imprisonment for six months at the Seoul Central District Court on December 6, 2018 and the community service order was issued for 120 hours at the Seoul Central District Court on April 16, 2019, and the above judgment became final and conclusive on April 16, 2019," and the summary of the evidence is as follows: "1. Pursuant to the judgment of the court below, a copy of the judgment of the first instance (Seoul Central District Court 2018Da3419)" and the summary of the case search (Seoul Central District Court 2018Da3419) are added to the corresponding column of the reasoning of the judgment

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the amount of money acquired by the defendant from the victim.