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. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of three million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. from the Suwon District Court’s Ansan Branch on October 7, 2019, and the judgment became final and conclusive on January 13, 2020.

Although a punishment for a crime as stated in the judgment of the court below should be sentenced to a punishment for the crime as stated in the judgment of the court below in consideration of equity with the case where each crime is judged concurrently pursuant to Article 39(1) of the Criminal Act, since the crime as stated in the judgment of the court below is a concurrent crime under the latter part of Article 37 with the above fraud, etc. which became final and conclusive on January 13, 2020, the judgment of the court below

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] The criminal facts and the summary of the evidence admitted by the court below are as follows: "The defendant was sentenced to two years from the Suwon District Court's Ansan Branch on October 7, 2019 to the crime of fraud, etc., and the judgment became final and conclusive on January 13, 2020," and the summary of the evidence is as stated in each corresponding column of the judgment below, except for adding "the defendant's trial statement at the trial of the defendant" to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

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

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