The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (4 million won in penalty).

2. We examine ex officio prior to the judgment on the Defendant’s grounds for appeal.

According to the statement, etc. at the court of the trial of the defendant, the defendant was sentenced on December 11, 2015 to six months of imprisonment for fraud at the Seoul Southern District Court and two years of suspended execution, and the judgment became final and conclusive on December 19, 2015.

As above, in relation to the crime of fraud for which judgment has become final and conclusive and the crime of this case, the punishment for the crime of this case shall be determined by taking account of equity in cases where judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act in the relationship of concurrent crimes after Article 37 of

Nevertheless, the judgment of the court below cannot be maintained any longer, since the application of the laws and regulations of the court below did not contain concurrent crimes.

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is the first head of the judgment of the court below, and the judgment of the court below became final and conclusive on December 11, 2015, on December 19, 2015, with the imprisonment of six months for fraud at the Seoul Southern District Court (Seoul Southern District Court) and two years for suspended execution.

“Before the judgment,” the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for the addition of “the previous conviction in the judgment: the Defendant’s oral statement, case search, and judgment” to the last head of the evidence. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).