The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (a fine of KRW 4.5 million) on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

According to the records, the Defendant, at the Seoul Central District Court on October 17, 2013, sentenced two years and six months to be sentenced to imprisonment for fraud, etc. at the Seoul Central District Court on December 13, 2013, which became final and conclusive on December 13, 2013. As such, in relation to the crime of fraud, etc. for which judgment has become final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after considering the equity between the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce

3. Accordingly, the judgment of the court below is reversed under 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 again decided as follows.

[C] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the evidence are as follows: ① the first head of the facts constituting a crime in the judgment of the court below: “Defendant was sentenced to two and a half years to imprisonment with prison labor at the Seoul Central District Court on October 17, 2013 and the above judgment became final and conclusive on December 13, 2013; ② the summary of the evidence in the judgment of the court below on December 13, 2013; ② except for addition of each written judgment: Each written judgment was the same as the corresponding column of the judgment of the court below; thus, it is cited in accordance with Article

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not so big and has been punished several times for the same crime.