The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court’s punishment (one million won per punishment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Review ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, the defendant was sentenced to one year and ten months from May 19, 2017 to a crime of fraud, etc. at the Suwon Franchising Board, and such judgment became final and conclusive on July 27, 2017. As such, the crime of fraud, etc. for which judgment became final and conclusive and the crime of this case in the final and conclusive judgment of the court below and the crime of this case are concurrent crimes in the latter part of Article 37 of the Criminal Act, and the punishment of this case shall be determined after considering equity and the case at the same time under Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment. In this regard, the judgment of the court below cannot be relieved

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows, without examining the above grounds for reversal ex officio.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court was confirmed as the facts charged in the judgment of the court.

“A final and conclusive judgment” was rendered on May 19, 2017, and was sentenced to one year and ten months of imprisonment with labor for fraud, etc. from the Suwon Methods Board, which became final and conclusive on July 27, 2017.

“A previous conviction in the judgment of the court below” and the summary of the evidence “1. A prior conviction in the judgment of the court below” are the same as the corresponding column of the judgment of the court below, except for the addition of the text of the judgment [216 order 1850, 2185, 2823 (Joint), 2823 (Joint)], the text of the judgment (Seoul High Court Branch Branch 2016 order 2016 order order 4216), the text of the judgment (Ywon District Court 2017No3366), and the text of the judgment (Supreme Court 2017Do8706). Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the solicitation of punishment for the crime;