The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the court below (the fine of KRW 1,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Ex officio determination: (a) the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Seoul Central District Court on November 29, 2012, and the judgment became final and conclusive on December 7, 2012; (b) on February 21, 2013, the Seoul Central District Court sentenced six months of imprisonment for special larceny at the Seoul Central District Court on March 1, 2013; and (c) on October 17, 2013, it was recognized that the judgment became final and conclusive on January 4, 2014 after being sentenced to three months of imprisonment for special larceny, etc. at the Jeonju District Court on October 17, 2013. As such, the crime of fraud, etc., for which the judgment became final and conclusive, constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the judgment of the lower court becomes final and conclusive after considering equity and mitigation or exemption of the sentence.

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

Criminal facts

The summary of the facts constituting a crime and evidence recognized by this court is to be added to the criminal facts of the judgment of the court below. "The defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court on November 29, 2012, and such judgment became final and conclusive on December 7, 2012. On February 21, 2013, the Seoul Central District Court sentenced six months of imprisonment with prison labor for special larceny, which became final and conclusive on March 1, 2013. On October 17, 2013, the previous District Court sentenced three months of imprisonment with prison labor for special larceny, etc. and became final and conclusive on January 4, 2014." The summary of evidence added "1. The previous judgment: the investigation report (written judgment)" to the summary of evidence, and thus, the Criminal Procedure Act is identical to each corresponding column of the judgment of the court below.