The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

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

In light of the records of this case, the defendant was sentenced to one year and two months of imprisonment with prison labor for special injury at the Gwangju District Court on December 20, 2016, and the judgment became final and conclusive on August 11, 2017, and the defendant was sentenced to ten months of imprisonment with prison labor at the Gwangju District Court on December 1, 2017, and the judgment became final and conclusive on August 21, 2018. As such, the crime in the judgment of the court below against the defendant and each of the above crimes for which the judgment of the court below became final and conclusive on August 21, 2018 are related to concurrent crimes under Article 37 of the Criminal Act, and the punishment is determined in consideration of equity in the case where it is judged at the same time pursuant to the main sentence of Article 39 (1) of the Criminal Act. Thus, the judgment of the court below which failed to take such measures cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to 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.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows. The first head of the facts charged "The defendant was sentenced to imprisonment with prison labor for a period of one year and two months at the Gwangju District Court on December 20, 2016 and the judgment was finalized on August 11, 2017.

On December 1, 2017, the Defendant was sentenced to ten months of imprisonment for perjury at the Gwangju District Court, and the judgment became final and conclusive on August 21, 2018.

Except for the addition of “,” as described in each corresponding column of the lower judgment, the same shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49(4)2 and Article 6(3) of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts and the selection of sentence.