The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

When a sentence is pronounced, the facts constituting an offense, summary of evidence and the application of Acts and subordinate statutes shall be clearly stated in the reasons for the judgment.

(Article 323(1) of the Criminal Procedure Act provides that the Defendant is sentenced to imprisonment with prison labor for 4 years and incidental disposition on August 14, 2020 at the Busan District Court on the grounds of fraud, etc., and the judgment on August 22, 2020 becomes final and conclusive.

However, the crime of this case is committed before the above judgment becomes final and conclusive, and the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud, etc. for which judgment becomes final and conclusive, and the equality in the case of judgment shall be taken into account in accordance

Nevertheless, the lower court erred in violation of the above provision by omitting the evidence in the part of criminal facts, the part on the summary of evidence, and the part on the application of statutes, and thereby affecting the conclusion of the judgment. Therefore, the lower court’s judgment was no longer maintained in this regard.

3. 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 ruled as follows after hearing.

[C] The criminal facts against the defendant recognized by the court and the summary of the evidence are as follows: "The first head of the crime of the court below" [criminal records] is sentenced to four years of imprisonment for fraud, etc. at the Busan District Court on August 14, 2020, and the judgment became final and conclusive on August 22, 2020." Except for adding "B" and "1. Results of the search of the person subject to investigation" at the last page of the evidence, respectively, to the corresponding column of the court below.