The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. On December 16, 2016, a defendant who is not obligated to submit a written reason for appeal, despite being served with a notice of receipt of the records of trial by this court on December 16, 2016, failed to submit a written reason for appeal within 20 days, the period for submitting the written reason for appeal

2. Ex officio determination

(a) consider ex officio;

The term "a crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive" shall be deemed concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act, and in such cases, a punishment shall be imposed in consideration of equity in cases where a crime which has not been adjudicated among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39 (1)

Meanwhile, in light of the latter part of Article 37 and the language, legislative purport, etc. of Article 39(1) of the Criminal Act, in cases where a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that a sentence shall not be imposed, or a sentence shall not be mitigated or exempted, in consideration of equity and equity (see, e.g., Supreme Court Decisions 2009Do948, Oct. 27, 201; 2012Do9295, Sept. 27, 2012).

(1) On August 21, 2015, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in support of development of sources of water sources, and the judgment became final and conclusive on October 29, 2015. (2) On June 16, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud from the sources of water sources, and the judgment became final and conclusive on November 1, 2016.

B. The crime of criminal record <1> The crime of criminal record was committed after the day when the judgment of the previous offense became final and conclusive, and the crime of this case was committed before the day when the judgment of the previous offense became final and conclusive.

Article 37 of the Criminal Act is applicable to the crime of this case (2) before the judgment of the court below, and Article 39 (1) of the Criminal Act is applicable to the crime of this case (2).