The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. On November 9, 2017, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Seoul Southern District Court, and the said judgment became final and conclusive on January 19, 2018.

Since the crime of the judgment of the court below against the defendant is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud for which judgment has become final and conclusive, a sentence should be imposed at the same time in consideration of equity in the case of judgment pursuant to Article 39(1) of the Criminal Act

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 grounds for appeal on the ground of appeal, and it is again decided as follows.

【Grounds for the Judgment in Dao-written] Criminal facts and summary of evidence recognized by this court are the first head of the judgment of the court below in the context of “criminal facts”. “Defendant was sentenced to imprisonment with prison labor for one year and four months at the Seoul Southern District Court on November 9, 2017, and the above judgment became final and conclusive on January 19, 2018,” and “a summary of evidence” at the end of the word “assumed prior conviction.”

1. A statement on criminal records, etc.;

1. Except for addition of "any significant fact in this Court", it is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 70 (4) 6 and Article 19 (5) 4 of the Specialized Credit Finance Business Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to recognize the crime of this case, and the reason why the defendant lends the name of the credit card merchant, and the judgment becomes final and conclusive.