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. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (five million won of fine) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Daegu District Court Decision 2013No1473 Decided November 15, 2013, and the Defendant appealed on November 20, 2013, but the Defendant withdrawn the appeal on December 24, 2013, and recognized the fact that the said judgment became final and conclusive on the same day.

As the crime of this case is related to the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is to be added to the first part of the facts constituting a crime of the judgment of the court below, and the judgment was finalized on December 24, 2013, by adding "the defendant was sentenced to six months of imprisonment for a crime of fraud at the Daegu District Court on November 15, 2013" to "the judgment was finalized on December 24, 2013" in the main part of the evidence, as stated in each corresponding column of the judgment of the court below, and therefore, it is to be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

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

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

1. The order of provisional payment;