The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the Defendant was sentenced to 8 months in imprisonment with prison labor at the Incheon District Court on December 19, 2013, and the said judgment became final and conclusive on June 17, 2014. As such, in relation to the crime of fraud for which judgment became final and conclusive as well as the crime of this case in concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after considering equity and the case at the same time under Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence. Thus, the lower

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through oral argument.

Criminal facts

The summary of the facts constituting a crime recognized by this court and the summary of the evidence are as stated in each corresponding column, except for adding “The above judgment became final and conclusive on June 17, 2014,” in the first head of the lower judgment’s criminal facts to the summary of the facts constituting a crime. As such, the Defendant cited it as it is in accordance with Article 369 of the Criminal Procedure Act in accordance with Article 369 of the same Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) the Defendant recognized his mistake; (b) the Defendant is an aiding and abetting offender; and (c) the Defendant was sentenced by the Incheon District Court on December 19, 2013 to eight months for fraud; and (d) the said judgment became final and conclusive on June 17, 2014, and the instant crime is ex post concurrent crimes.