The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (unfair punishment): 8 million won

2. According to the judgment of the court below ex officio, the defendant was sentenced on June 12, 2020 to two years and two months of imprisonment for fraud at the Incheon District Court on June 12, 2020 and the judgment of the court below became final and conclusive on October 6, 2020. As such, each of the crimes of fraud and the judgment of the court below, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined at the same time by considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below can no longer be maintained in this respect.

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

[The reasons for the judgment of the court below] The summary of facts constituting a crime and evidence recognized by this court is identical to the corresponding column of the judgment of the court below except for adding "the defendant was sentenced on June 12, 2020 to two years and two months by imprisonment for fraud at the Incheon District Court on June 12, 2020, and the judgment became final and conclusive on October 6, 2020" among the summary of evidence, and "the previous records of the judgment of the court of first instance" in the latter part of the "the previous records of the judgment of the court of first instance" in the summary of evidence, and "the previous records of the Incheon District Court" in the corresponding column of the judgment of the court of the court of the court below (2020 order3054, 2020No1905)" as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act, and selection of each fine for a crime;

1. The latter part of Article 37 and 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 shall apply to concurrent crimes;