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.

Summary of Grounds for Appeal

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

On August 26, 2010, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Suwon District Court on November 25, 2010, and the judgment became final and conclusive on November 25, 2010; ② on December 7, 2012, the Seoul Southern District Court sentenced five years of suspension of execution to three years of imprisonment for fraud, etc. on December 15, 2012; ③ on January 8, 2015, the Suwon District Court sentenced three years of suspension of execution to ten months of imprisonment and became final and conclusive on October 16, 2015; ④ on January 22, 2019, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Suwon District Court on March 29, 201, and the judgment became final and conclusive on March 29, 201, the Defendant may be punished by imprisonment with prison labor from around December 22, 2010 to the said District Court on March 21, 2019.

7.23.Before being sentenced to six months of imprisonment for each crime of fraud, the judgment becomes final and conclusive on March 29, 2019, and around April 11, 2013;

7. 23. Each crime committed around 23. The judgment of the court below is not possible at the same time as the judgment of the court below.

(see, e.g., Supreme Court Decisions 2009Do9948, Oct. 27, 2011; 2012Do9295, Sept. 27, 2012). The above fraud, etc., for which fraud and judgment with respect to the Defendant became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are in the relationship of concurrent crimes under the latter part of Article 39(1) of the Criminal Act, taking into account the equity with which a judgment is to be rendered at the same time under the former part of Article

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal of the judgment below, and the following is again decided after pleading.

【Reason for the Judgment of Second Instance】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, are the first head of the judgment of the court below.