The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. According to the court below’s ex officio determination, the defendant was sentenced to one year and two months of imprisonment with prison labor at the Incheon District Court on May 26, 2017 and the above judgment became final and conclusive on August 18, 2017. As such, in relation to the crime of fraud, etc. for which judgment became final and conclusive and the crime of this case is concurrent crimes of the latter part of Article 37 of the Criminal Act, a punishment shall be determined in consideration of equity in cases where judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. If so, 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.

Criminal facts

On May 26, 2017, the first head of the lower judgment on the summary of the evidence, “The Defendant was sentenced to imprisonment with prison labor on one year and two months at the Incheon District Court on the grounds of fraud, etc., and the said judgment became final and conclusive on August 18, 2017.

With the exception of adding "," it is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The principle of equity in the case where a judgment was rendered, such as the defendant’s records of the same crime, frequency of the crime, the number of crimes, the amount of money obtained by deception, and fraud for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and other matters as the defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime.