The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The sentence of the lower court (2 million won of a fine) is too unreasonable.

Judgment

Prior to the judgment on the grounds for appeal by the Defendant, according to the records, the Defendant was sentenced on June 27, 2013 by the Daejeon District Court to imprisonment with prison labor for fraud, etc. on the same day, and the facts that the judgment became final and conclusive on the same day, and the instant crime may be recognized as a criminal committed before the judgment becomes final and conclusive. As such, both the crime for which the judgment became final and the instant crime are concurrent crimes under the latter part of Article 37 of the Criminal Act, and both the crime of this case are determined after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Therefore, the lower judgment

3. Accordingly, 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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daejeon District Court on June 27, 2013 and the judgment became final and conclusive on the same day" 1. The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding "in addition to criminal records, investigation data inquiry, investigation data inquiry, investigation report on disposal and report on results of confirmation" to the first head of the judgment of the court below. Thus, it is cited as it is under Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 366 of the Criminal Act concerning the crimes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;