The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 500,000 won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment below, and the result of the inquiry of the case, the defendant was found to have been sentenced to eight months of imprisonment for fraud, etc. by the Seoul Northern District Court on November 16, 2016, and the judgment became final and conclusive on April 8, 2017. Thus, the crime and the above fraud, etc. against the defendant, for which the judgment of the court below became final and conclusive, shall be sentenced to punishment for the crime of the judgment of the court below in consideration of equity with the case where the judgment is concurrently rendered in accordance with the first sentence of Article 37 of the Criminal Act, inasmuch as the crime and the above fraud, etc. against the defendant are in a concurrent relationship with the latter part of Article

3. Thus, the judgment of the court below is reversed in accordance with 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.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court and the summary of the evidence are "criminal facts" of the judgment below in the first head of the judgment below, which became final and conclusive on April 8, 2017, upon the Defendant’s imprisonment with prison labor for not less than eight months at the Seoul Northern District Court on November 16, 2016.

“A previous conviction in the judgment of the court below” and “a summary of evidence” shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding “a final conviction in the judgment of the court below: the result of inquiry of the case,” as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of Article 46 (2) 2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning facts constituting an offense;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.