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 main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Before determining the grounds for appeal, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Illegal Check Control Act at the Incheon District Court on November 12, 2014. The Defendant appealed on February 11, 2015, but the said judgment became final and conclusive on February 24, 2015 due to the dismissal of the appeal. The above crime for which the judgment became final and conclusive and the crime of the lower court’s judgment were in a concurrent relationship under the latter part of Article 37 of the Criminal Act by concurrently ruling pursuant to Article 39(1) of the Criminal Act, taking into account equity and taking into account the mitigation of punishment or exemption. Thus, the lower judgment is no longer upheld.

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.

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows: "The defendant was sentenced to one year of suspension of execution for four months by reason of a violation of the Illegal Check Control Act at the Incheon District Court on November 12, 2014, and the defendant appealed, but the appeal was dismissed on February 11, 2015, and the above judgment became final and conclusive on February 24, 2015," and the summary of the evidence was as stated in each corresponding column of the judgment of the court below, except for adding "1. previous records: Conet case search" to the summary of the evidence, and it is identical to the entry in each corresponding column of the court below pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the same Act;

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

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

1. Detention at a workhouse;