The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The sentence of the court below (the fine of KRW 1,500,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal ex officio, the Defendant was sentenced to the punishment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Gwangju District Court on April 18, 2013, and the judgment became final and conclusive on June 27, 2013. As such, the crime of fraud of this case is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of fraud of this case is determined after examining whether to reduce or exempt punishment, taking into account equity and the case of concurrent crimes under Article 39(1) of the Criminal Act, and thus, the lower judgment that did not reach such determination becomes unable to continue further.

3. 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of facts and evidence acknowledged by this court is as follows: "The defendant was sentenced to eight months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. at the Gwangju District Court on April 18, 2013, and the judgment became final and conclusive on June 27, 2013" in the criminal facts column of the judgment of the court below; and the summary of evidence added "1. The judgment division: the investigation report (the confirmation of latter concurrent provisions of Article 37), the judgment (the Gwangju District Court Decision 2013No814, Jun. 19, 2013)" to the summary of the evidence, and it is identical to each corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.