The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

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 (a fine of 1.5 million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the records of this case show that the Defendant, in the Daegu District Court on August 28, 2015, sentenced ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and confirmed on November 14, 2015. As seen above, the crime of violation of the Act on the Control of Narcotics, etc. (fence), which became final and conclusive, and the crime of violation of the Act on the Control of Narcotics, etc. (fence) in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, is determined by the sentence after considering both cases where a judgment is to be rendered at the same time under Article 39(1) of the Criminal Act and

3. Accordingly, 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 the crime and the evidence admitted by this court is as stated in the first head of the judgment of the court below, except for adding "the defendant was sentenced to ten months of imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. (fence) at the Daegu District Court on August 28, 2015 and the judgment became final and conclusive on November 14, 2015" to "1. The summary of the evidence is as stated in the relevant column of the judgment of the court below, since the facts constituting the crime and the summary of the evidence are the same as stated in the relevant column of the judgment of the court below, except for adding "each description of the defendant's own trial statement, the summary of the case agreement assistance

Application of Statutes

1. Article 311 of the Criminal Act concerning the crime concerned;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

5. Article 70 of the Criminal Act to attract a workhouse.