The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

The defendant did not submit a statement of reasons for appeal.

According to the records, on September 27, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on October 5, 2012 by the Suwon District Court on September 27, 2012, and the above judgment became final and conclusive on October 5, 2012. Since the crime of this case is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, a concurrent crime under Article 39(1) of the Criminal Act shall be determined after considering equity and considering whether to reduce or exempt punishment

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, since the above ground for ex officio reversal exists.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced on September 27, 2012 by the Suwon District Court for a period of three years of suspended execution for a year due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicle) on September 27, 2012, and the above judgment became final and conclusive on October 5, 2012" in the summary of the evidence in the second column of the evidence, except for adding "1. A previous conviction: ...... the subsidiary of the instant agreement, and each written judgment" to the summary of the evidence, and therefore, it is identical to each corresponding column of the original judgment

Application of Statutes

1. Relevant Article of the Act on Criminal Crimes and Articles 148-2 subparagraph 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);

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.