The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

Defendant. A fine.

1. The reasoning of the appeal is heavier than that of the lower court.

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

According to the records, the Defendant was sentenced to ten months of imprisonment with prison labor on September 17, 2015 by Seoul Northern District Court on September 17, 2015, and the fact that the judgment became final and conclusive on September 25, 2015, prior to the pronouncement of the lower judgment.

The crime of the judgment of the court below against the defendant and the crime of acquiring stolens for which judgment has become final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Act

Pursuant to Article 39(1) of the Criminal Act, the lower court should have sentenced the sentence for the crime of the lower judgment in consideration of equity in the case of concurrent judgment.

The judgment of the court below shall be reversed as it omitted.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

On September 17, 2015, the Defendant was sentenced to imprisonment with prison labor for the acquisition of stolen goods at the Seoul Northern District Court on September 25, 2015, and the judgment became final and conclusive on September 25, 2015.

Except for addition, the corresponding column of the judgment of the court below is the same as that of each corresponding column of the judgment of the court below, and it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;