The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment (fine 2.5 million won) sentenced by the court below is too unreasonable.

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

According to the records, on October 7, 2015, the Defendant was sentenced to a suspended sentence of five years for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Suwon District Court on March 7, 2015, and the judgment became final and conclusive on February 18, 2016. On September 17, 2015, the Seoul Central District Court sentenced one year and two months to imprisonment for a crime of fraud, etc. on January 25, 2017. On September 22, 2016, the Seoul High Court sentenced 13 years to imprisonment for a violation of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on January 25, 2017, and on June 21, 2017, the judgment became final and conclusive on November 14, 2017.

On the other hand, the crime of violation of the Labor Standards Act against the defendant and the crime of violation of the Labor Standards Act against which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced after considering equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence. Thus, the judgment of the court below

3. Therefore, 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 decided as follows after oral argument.

[Discied Judgment] Summary of facts constituting an offense and evidence recognized by this court is the first head of the lower judgment’s crime and summary of evidence. “Defendant is sentenced to a five-year suspended sentence of imprisonment for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at Suwon District Court on October 7, 2015, and the judgment becomes final and conclusive on February 18, 2016, and September 17, 2015.