The judgment of the court below is reversed.

The sentence against the accused shall be 5,000,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

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

Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor examined the first head of the charge against the defendant in this court, and the prosecutor added "the defendant was sentenced to three years of imprisonment with prison labor for fraud in the Suwon District Court's Ansan Branch on August 10, 2012, and the judgment became final and conclusive on August 18, 2012," and applied for an amendment to a bill of indictment with additional contents" under Articles 37 and 39 (1) of the Criminal Act in the applicable provisions of law, and the subject of the trial was changed by this court's permission. Thus, the judgment of the court below cannot be maintained any more.

Therefore, 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 again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows: (a) addition of criminal records to the first head of the facts charged and the summary of the evidence as stated in paragraph (2) above; and (b) addition of criminal records to the summary of the evidence as stated in paragraph (1) above: addition of criminal records to the defendant's statement at the trial and the judgment of the court; and (c) addition of all corresponding columns of the court below

Application of Statutes

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage, the selection of fines), Article 230 of the Criminal Act (the point of exercising unlawful official document, the selection of fines) concerning the crime;

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

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (However, the lower limit shall apply to the punishment determined for the violation of the Road Traffic Act);

1. Article 70 of the Criminal Act to attract a workhouse.