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.

1. The sentence of the lower court (an amount of KRW 3 million) on the summary of the grounds of appeal 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 four months of imprisonment for a crime of fraud on June 10, 2016 at the Suwon Friwon, and the above judgment became final and conclusive on September 30, 2016.

The crime of fraud in which the defendant's crime and judgment of this case have become final and conclusive are the concurrent crimes of the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and equity in cases where the punishment is to be judged at the same time pursuant to the first part of Article

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

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as follows: “The Defendant was sentenced to four months of imprisonment for a crime on June 10, 2016 at the Suwon District Court, which became final and conclusive on September 30, 2016” in the first head of the lower judgment’s criminal history; and the summary of the evidence in the lower judgment is as follows: (a) the last phrase of the evidence in the lower judgment is as follows: (b) the criminal records in the judgment: (c) the criminal records in the judgment in the first place (the latter concurrent crimes and the copies of the judgments in the same kind): (d) the criminal records in the judgment (the latter concurrent crimes and the judgment in the same kind); and (e) the text of the judgment (the judgment in the Suwon District Court 2015No 6934), and the text of the judgment (Supreme Court 2016Do

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the Defendant to commit a crime.