The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, the defendant was sentenced to a suspended sentence of two years for fraud at the Jeonju District Court on July 6, 2017, which was sentenced to a suspended sentence of two years for fraud, and the judgment became final and conclusive on July 14, 2017. Thus, the crime and the above crime, etc. against the defendant, for which the judgment of the court below became final and conclusive on July 14, 2017, shall be sentenced to punishment for the crime of this case in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to the main sentence of Article 39(1) of the Criminal Act, since the judgment of the court below

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

[Grounds for the lower court’s judgment] The summary of criminal facts and evidence of the Defendant’s criminal facts recognized by the lower court and the summary of the evidence are as follows: (a) the lower court’s criminal facts and the summary of the evidence are subject to a suspended sentence of two years for criminal fraud at the former District Court on July 6, 2017; and (b) the judgment became final and conclusive on July 14, 2017; and (c) the summary of the evidence added “1.................., the instant summary information, and the text of the judgment (former District Court 2017 High Court 77,643)” to the column of the summary of the evidence. Thus, this is cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment, becomes final and conclusive.