The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

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 (five million won of fine) is too unreasonable.

2. According to the judgment on the grounds for appeal by the defendant ex officio prior to the judgment on the grounds for appeal by authority, the records show that the defendant was sentenced to a suspended sentence of two months on December 12, 201 to eight months by imprisonment at the Seoul Southern District Court on May 1, 201, and the judgment became final and conclusive on March 28, 2014 by being sentenced to ten months by imprisonment with prison labor at the Seoul Southern District Court for fraud, and on June 26, 2014, the judgment became final and conclusive on June 26, 2014. Since each of the above frauds and the instant offenses are concurrent crimes under the latter part of Article 37 of the Criminal Act, each of the instant offenses is determined after examining whether to reduce or exempt punishment, taking into account equity and equity, the judgment of the court below cannot be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to 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 after hearing.

Criminal facts

The summary of the facts constituting a crime and the evidence acknowledged by the court in this Court and the summary of the facts constituting a crime in the judgment of the court below are as follows: "The defendant was sentenced to two years of imprisonment for a term of eight months at the Seoul Southern District Court on December 12, 201 and the judgment became final and conclusive on May 1, 2012; on March 28, 2014, the Seoul Southern District Court sentenced ten months of imprisonment for a term of fraud at the Seoul Southern District Court on March 28, 2014, and the judgment became final and conclusive on June 26, 2014"; "In the summary of the summary of the agreement auxiliary statement of each case and each of the judgments of the court below are as stated in each corresponding column of the judgment of the court below except for addition of each of the judgment of the court."

Application of Statutes

1. Article 356 and Article 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;