The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.

2. We examine ex officio prior to the judgment on the defendant's improper argument of sentencing.

According to the records, the defendant was sentenced to imprisonment on October 30, 2012 with prison labor for the crime of forging private documents at the original branch of the Chuncheon District Court on April 19, 2013, and the judgment became final and conclusive on April 2013. As to the crime committed by the defendant prior to the final and conclusive date of the above judgment, the defendant was sentenced to four months of imprisonment with prison labor for fraud, etc. on January 22, 2014, and the judgment became final and conclusive around that time. The crime of this case and the crime of forging private documents for which the above judgment became final and conclusive, and the crime of fraud, etc. are both concurrent crimes after Article 37 of the Criminal Act and each of the above crimes for which judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act, in consideration of equity and cases where the crime of this case and each of the above crimes becomes final and conclusive at the same time (see Supreme Court Decision 2008Do209, Oct. 23, 2008).

The judgment of the court below is erroneous in the misunderstanding of legal principles as to concurrent crimes by the latter part of Article 37 of the Criminal Code, which affected the conclusion of the judgment.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is made through a change of opinion.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is the criminal facts and the summary of evidence. Of the facts constituting an offense of the lower judgment, the part of the criminal records of the lower court’s judgment was sentenced to two years and four months from the original branch of the Chuncheon District Court on October 30, 2012 to the Defendant’s imprisonment with prison labor for forgery of private documents, etc.