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 that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. On February 13, 2014, according to the records of this case, the Defendant was sentenced to two years of imprisonment with prison labor at the Daegu District Court on February 13, 2014, and the said judgment became final and conclusive on February 14, 2014. As such, the crime of fraud, etc., for which judgment becomes final and conclusive, and the crime of this case, in relation to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, are determined after considering the equity and the mitigation of punishment or exemption pursuant to Article 39(1) of the Criminal Act, and the judgment of the court below cannot be maintained any longer

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to judge the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced to two years of imprisonment for fraud, etc. at the Daegu District Court on February 13, 2014, and the judgment became final and conclusive on February 14, 2014" in all the facts constituting the crime of the judgment below; and except for adding "the previous conviction at the time: 2013No2828, and the case inquiry" to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the violation of the Labor Standards Act againstR of the largest victim);

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

1. The Criminal Procedure Act;