The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The punishment of the lower court (2 million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, prior to the judgment on the assertion of unfair sentencing by authority, the record reveals that the Defendant was sentenced to imprisonment for ten months on August 11, 2014 by this court, and the said judgment became final and conclusive on September 18, 2014. Since the crime in the judgment of the court below is in a concurrent relationship between the above crime of fraud, etc. for which the judgment has already become final and conclusive and the latter part of Article 37 of the Criminal Act, the sentence shall be determined after examining whether to reduce or exempt the sentence, taking into account equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and thus,

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, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the gist of evidence acknowledged by this court is as follows: “The defendant was sentenced to imprisonment with prison labor for ten months on August 11, 2014 and the above judgment became final and conclusive on September 18, 2014” in the preceding part of the criminal facts constituting an offense; “1. The defendant’s trial statement at the court of first instance” in the preceding part of the summary of the evidence; “1. The defendant’s trial statement at the court of first instance” in the last part; and “1. The defendant’s trial statement at the court of first instance” in the last part are the same as each corresponding part of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.