The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. Judgment on the grounds for appeal ex officio shall be made ex officio prior to the judgment.

Where a crime which has not yet been adjudicated among latter concurrent crimes of Article 37 of the Criminal Act cannot be judged concurrently with the crime for which judgment has become final and conclusive, the punishment shall not be imposed concurrently in accordance with Article 39 (1) of the Criminal Act and the punishment shall not be mitigated or remitted in consideration of equity and equity.

(2) According to the records, the Defendant was sentenced to a suspended sentence of 209Do9948, Oct. 27, 201; and Supreme Court Decision 201Do2351, Jun. 10, 201). The record reveals that the Defendant was sentenced to a suspended sentence of 2 years, community service 120 hours, and the above judgment became final and conclusive as of September 8, 2012; the Defendant was sentenced to a suspended sentence of 2 years, community service 80 hours, to 1 year, to 1 year, to 2 years, to 2 years, to 20 hours, to 80 hours, to 20 hours, to 20 days, to 200, to 2013, to 2013, to 2013, to 30 hours, to 30 days, to 20, to 2012, and the instant crime was established before the said judgment became final and conclusive before May 7, 2013.

Although the instant crime was committed before the judgment became final and conclusive on May 7, 2013, the crime for which judgment was rendered on May 7, 2013 was committed before the judgment became final and conclusive on September 8, 2012, and thus, the crime for which judgment was rendered on May 7, 2013 and the instant crime cannot be adjudicated at the same time from the beginning. As such, the instant crime cannot be adjudicated at the same time in consideration of equity pursuant to Article 39(1) of the Criminal Act, the sentence may not be mitigated or exempted.

Therefore, it is unlawful for the lower court to simultaneously render a sentence by applying Article 39(1) of the Criminal Act with regard to a crime that became final and conclusive on May 7, 2013 and the instant crime, taking into account equity and equity.

3. Accordingly, the judgment of the court below omitted the prosecutor's allegation of unfair sentencing on the ground of the above reasons for reversal of authority.