The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant above.

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

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the record of this case reveals that the Defendant was sentenced to a suspended sentence of three years and two months on January 25, 2013 to imprisonment on the grounds of a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on January 25, 2013, and the said judgment became final and conclusive on February 2, 2013. As such, the crime of violation of the Act on the Control of Narcotics, etc., for which the judgment became final and conclusive, is related to concurrent crimes under the latter part of Article 37 of the Criminal Act by taking into account the case at the same time and equity under Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt punishment, the judgment below

3. Accordingly, the court below reversed the part of the judgment below against the defendant under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing since the above reasons for reversal of authority as above are the grounds for reversal of authority, and ruled again as follows.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is as follows: "The defendant was sentenced to a suspended sentence of three years on January 25, 2013 by imprisonment with prison labor and two years on February 2, 2013, and the judgment became final and conclusive on February 2, 2013" in the summary of evidence "1. A previous conviction in the judgment of the court below is as stated in each corresponding column of the court below, except for addition of "each description of the defendant's own court statement, case summary agreement aid meeting, and each copy of each written judgment" to the first head of the court below's criminal facts. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to the facts constituting an offense and the punishment.