The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the District Court on November 20, 2014, and the judgment became final and conclusive on November 28, 2014.

The crime of the lower court and the crime for which the said judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act in a concurrent crime relationship under Article 39(1) of the Criminal Act. As such,

3. Accordingly, 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, and the judgment below is reversed and it is again decided as follows.

[The reasons for the judgment of the court below] The summary of criminal facts and evidence admitted by this court are as follows: "The defendant was sentenced on November 20, 2014 to imprisonment with prison labor for one year and six months and confirmed on November 28, 2014 at the Jung-gu District Court on November 20, 2014, and the judgment became final and conclusive on November 28, 2014" in the first copy of the criminal facts of the judgment of the court below; and except for adding "1. previous records: the case search of the Supreme Court and each judgment" to the end of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it

Application of Statutes

1. Relevant Article 323 of the Criminal Act and Articles 323 and 30 of the Criminal Act concerning the selection of penalties;

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

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant provided a third party with a motor vehicle in the name of the accomplice who is the object of the victim's mortgage with the accomplice.