The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (20 million won in penalty) against the Defendant on the summary of the grounds of appeal is too unfasible.

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

According to the records, on August 28, 2014, the Defendant was sentenced to a suspended sentence of one year for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court on the grounds that he/she committed a violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court on September 5, 2014, and the judgment became final and conclusive on September 5, 2014, and the Defendant was sentenced to a suspended sentence of three years for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court on November 11, 2016, which was after the judgment of the court below was rendered, and the judgment of the court below became final and conclusive on November 19, 2016. Since the crime of the above crime and each of the above judgments are obviously crimes committed prior to the date of the final judgment of the court below, since the crime of the above crime are concurrent crimes under Article 37 of the Criminal Act and each of the above judgments are concurrent crimes under Article 39 (1) of the Criminal Act, it cannot be sentenced to the above punishment.

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

[Grounds for a new judgment] The criminal facts against the defendant recognized by this court are all criminal facts in the judgment of the court below. "The defendant was sentenced to a suspended sentence of one year for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court on August 28, 2014 and the judgment was finalized on September 5, 2014. On November 11, 2016, the Seoul Southern District Court sentenced a suspended sentence of one year and six months for a violation of the Financial Investment Services and Capital Markets Act, which was sentenced to a suspended sentence of three years on November 19, 2016.

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