The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the court below is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the District Court on January 8, 2019, and the judgment became final and conclusive on January 16, 2019. The above crime of this case and the judgment of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, the sentence for the instant crime should be imposed in consideration of equity in the case of judgment at the same time with the above crime of fraud which has become final and conclusive in accordance with Article 39(1) of the Criminal Act. In this regard, the judgment of the court below became impossible to maintain

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, and the judgment below is again ruled as follows through pleading.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows. The first head of the judgment of the court below added "the defendant was sentenced on January 8, 2019 to ten months of imprisonment for fraud and confirmed on January 16, 2019" to the first head of the judgment of the court below, and besides adding "each copy of the judgment and the search by the Supreme Court B" to the summary of the evidence as stated in each corresponding column of the judgment of the court below. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act, the selection of fines, inclusive, by relevant legal provisions and the choice of punishment for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to be led to the confession, and the amount of fraud is a relatively small amount, and the judgment shall be judged simultaneously with the final judgment.