The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the following facts are examined ex officio, and the record reveals that the Defendant was sentenced to imprisonment with prison labor for one year at the Seoul Central District Court on December 7, 2017, with prison labor for fraud, etc. and the above judgment became final and conclusive on the 15th of the same month.

Since the crime of the judgment of the court below against the defendant and the crime of fraud against which judgment of the court below became final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Code, punishment for the crime of the court below should be sentenced in consideration of equity in the case where the judgment is held at the same time in accordance with the main sentence of

Therefore, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed ex officio and it is again decided as follows without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act.

[Majority Opinion] The summary of the facts constituting a crime and evidence admitted by this Court is as follows: “The Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Seoul Central District Court on December 7, 2017 and the said judgment became final and conclusive on December 15, 2017 due to fraud, etc.”; and “1. The summary of the evidence is identical to each corresponding column of the lower judgment except for adding B,” and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was punished for the same kind of crime prior to the instant case.