The judgment of the court below is reversed.

The sentence against the accused shall be five million won or more.

The above fine shall be imposed on the defendant.

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

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court on February 15, 2019, and on June 24, 2019, the above judgment became final and conclusive is significant for the party members.

As above, the crime of this case and the crime of fraud, etc. for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, after considering equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Along with the reasoning of the judgment of the court below, the criminal facts and the summary of the evidence recognized by the court below are as follows: "The defendant was sentenced to one year of imprisonment with prison labor at the Seoul Southern District Court on February 15, 2019 and the above judgment became final and conclusive on June 24, 2019" in the first head of the criminal facts as stated in the judgment of the court below, and except for adding "1. A criminal record as stated in the judgment of the court below: a significant fact to party members" as stated in the summary of the evidence, it is identical to each corresponding part of the judgment of the court below, and thus, it is acceptable

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and Article 70 (1) 3 of the Specialized Credit Financial Business Act, and the

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.