The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (three months of imprisonment) is too unreasonable.

2. We examine ex officio the determination.

"A crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall be deemed concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, with respect to a crime for which judgment among concurrent crimes has not been rendered under Article 39 (1) of the Criminal Act, punishment shall be imposed concurrently in consideration of equity

Furthermore, even if there are multiple crimes for which judgment to punish with imprisonment without prison labor or heavier punishment has become final and conclusive, all of the crimes for which judgment has become final and conclusive prior to the final and conclusive judgment and the latter part of Article 37 of the Criminal Act shall be deemed as concurrent crimes. Therefore, in such cases, a sentence shall be imposed in consideration of equity in cases where a judgment has become final and conclusive with respect to all of the crimes for which judgment

(2) According to the records, the Defendant was sentenced to imprisonment with labor for a year and six months at the Seoul Northern District Court on July 3, 2013 and the said judgment becomes final and conclusive on August 28, 2013 (hereinafter referred to as “prior conviction”), and (2) on June 2, 2016, after having been sentenced to imprisonment with labor for a crime of fraud, etc. at the same court on September 17, 2016 (hereinafter referred to as “previous conviction”). The crime and the crime of previous conviction in the holding of the lower judgment in the lower judgment are both ① the crime of breach of duty and the crime of breach of duty before August 28, 2013, which are the date the judgment becomes final and conclusive.

In light of these facts in light of the above legal principles, the sentence was imposed in this case in consideration of equity in the case where both the crime of the judgment below and each of the above judgments have become final and conclusive, but the court below determined the punishment for the crime of the judgment below and the case where the judgment was rendered concurrently with the crime of the previous offense.