The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

The summary of the grounds for appeal by the defendant is that the punishment of the court below (2 million won of fine) is too unreasonable.

In light of the records, prior to the judgment on the grounds for appeal by the Defendant, the Defendant was sentenced on November 15, 2012 at the Seoul Northern District Court on the grounds of fraud, fabrication of private documents, uttering of a falsified investigation document, etc. on November 15, 2012, and the judgment on January 7, 2013 became final and conclusive on January 7, 2013.

Since the crime for which the above judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in the case where the crime of this case and the crime of this case, which became final and conclusive in accordance with Article 39(1) of the Criminal Act, are to be determined at the same time, and

Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as shown in each corresponding column of the judgment of the court below, except for the facts charged in the judgment of the court below that "the defendant was sentenced to eight months of imprisonment by means of fraud, fabrication of private documents, uttering of falsified documents, etc. at the Seoul Northern District Court on November 15, 2012 and the above judgment became final and conclusive on January 7, 2013," and the summary of the facts charged and the evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense (the point of uttering of a falsified investigative document);

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

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

1. The exemption of punishment from punishment from the latter part of Article 37 and Article 39 of the Criminal Act;