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 summary of the grounds for appeal (unfair sentencing of the defendant) that the court below rendered (2 million won penalty) is too unreasonable.

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

According to the records, the defendant was sentenced to imprisonment with prison labor on August 21, 2015 at the Seoul Central District Court on January 28, 2016 and the judgment became final and conclusive on January 28, 2016.

Therefore, inasmuch as the crime of the judgment of the court below and the crime of fraud against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Act, punishment for the crime of the judgment of the court below should be sentenced in consideration of equity with the case where the judgment is to be rendered simultaneously

In this respect, the judgment of the court below cannot be maintained as it is.

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

【Judgment in Seoul Central District Court sentenced on August 21, 2015, the Defendant was sentenced to imprisonment with prison labor of one year and eight months at the Seoul Central District Court on January 28, 2016, and the judgment became final and conclusive on January 28, 2016.

With the exception of adding "," it is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. After the conclusion of the first instance trial on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the victim receives a total of KRW 18.1 million from May 2017 to April 2018.