The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (three million won by the lower court) is too unreasonable.

2. Before determining the Defendant’s grounds of appeal on the grounds of appeal ex officio, the facts that the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months on July 8, 2016 [this Court Decision 2015Da1351, 2200 (Merger), 2016 Godan96 (Merger)] on the grounds of fraud, etc., and the facts that the said judgment became final and conclusive by withdrawing the appeal on October 19, 2016 after the Defendant appealed against it is obvious to this Court.

As above, the Defendant’s crime of this case is concurrent crimes with the crime for which judgment has become final and the latter part of Article 37 of the Criminal Act, and thus, a punishment shall be determined in consideration of equity in the case of concurrent judgment pursuant to the main sentence of Article 39(1) of the Criminal Act. Thus, the lower judgment was

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

[C] The summary of the facts of the crime and evidence admitted by the court and the summary of the evidence are as follows: “The defendant was sentenced on July 8, 2016 to a short-term of one year and six months to a maximum of one year and six months, and the judgment became final and conclusive on October 19, 2016 due to fraud, etc. at the Cheongju District Court on July 8, 2016,” and “the summary of the evidence” is the same as the corresponding column of the judgment of the court below, except for adding “1. Criminal record: It is obvious fact to this court.” Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The details, frequency, and amount of the crime of fraud, etc. for which the latter part of Article 39(1) of the Criminal Act exempted from punishment has become final;