The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., 1.5 million won) of the lower court’s sentencing (i.e., 1.5 million won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio. According to the records of this case, the Defendant, who was sentenced to six months of imprisonment with prison labor at the Seoul Northern District Court on June 21, 2012, and the said judgment became final and conclusive on October 18, 2012. As such, in relation to larceny for which judgment became final and conclusive, inasmuch as the crime of this case constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after taking account of equity in cases where judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment, the lower judgment that did not take the said measures is no longer maintained.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 again decided as follows.

[Dao-written judgment] The summary of the facts constituting a crime and its evidence recognized by this court is as follows: ① in the first head of the judgment of the court below, “Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Northern District Court on June 21, 2012 and the above judgment became final and conclusive on October 18, 2012,” ② in the summary of the evidence, and ② in the judgment of the court below on October 1, 2012, it is the same as the corresponding column of the judgment of the court below, except for addition of “the summary of the agreement assistance and each judgment” to the summary of the evidence. Thus, this is

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;