The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for one year in the Changwon District Court Msan Branch on May 28, 2014, for a period of three years of suspension of execution and two years of probation, and that the said judgment became final and conclusive on June 6, 2014. As such, the crime of fraud for which judgment has become final and conclusive and each of the crimes of this case is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, by taking account of equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt punishment, the lower judgment was no longer maintained.

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 reversed and it is so decided as follows.

[Discied Judgment] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the evidence are as stated in the first head of the crime column of the judgment of the court below, with the exception that "the defendant was sentenced to three years of suspension of execution and two years of probation for one year from the Changwon District Court Branch on May 28, 2014 to the crime of fraud, and the above judgment became final and conclusive on June 6, 2014," and the summary of the evidence was as stated in the corresponding column of the judgment of the court below, except for the case where "precied materials"

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

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

5. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.