The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (4 million won of fine) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records, the Defendant was sentenced to four months of imprisonment for fraud at the Suwon District Court on February 18, 2016 and two years of suspension of execution on February 26, 2016, and the above judgment became final and conclusive on March 31, 2016, and was sentenced to six months of imprisonment for fraud, etc. at the Suwon District Court on March 31, 2016 and became final and conclusive on April 8, 2016.

Since each of the crimes of this case and the crime of fraud, etc. against which the defendant's judgment became final and conclusive are concurrent crimes provided for in the latter part of Article 37 of the Criminal Act, the punishment shall be determined after concurrently examining whether to reduce or exempt the punishment in consideration of equity and equity in cases where the punishment is to be determined

In this respect, the judgment of the court below cannot be maintained as it is.

3. If so, 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, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence admitted by this court is as follows: The first head of the judgment of the court below is that "the defendant is sentenced to imprisonment for 4 months with prison labor at the Suwon District Court on February 18, 2016; imprisonment for 2 months with prison labor at the Suwon District Court on February 26, 2016; imprisonment with prison labor for 6 months at the Suwon District Court on March 31, 2016; and the above judgment became final and conclusive on April 8, 2016 at the Suwon District Court on April 31, 2016; the second and third and the third and subsequent records of the judgment of the court below on April 1, 2015: The screen of the case, the written judgment (Seoul District Court 2015Da5931), the summary agreement of the case, the auxiliary agreement of the judgment [the defendant], and each of the corresponding columns of the Criminal Procedure Act other than the judgment of the court below is added."