The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

A fine shall not be paid by the defendant.

1. The determination of the summary of the grounds for appeal (e.g., a fine of seven million won) is deemed unhued and unreasonable;

2. On September 13, 2017, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Busan District Court (2016dan6628), which became final and conclusive on April 27, 2018.

On November 18, 2019, after the decision to commence a new trial was made on July 25, 2019, the judgment of new trial became final and conclusive on February 13, 2020 after having been sentenced to eight months of imprisonment by the same court (2019 Inventory18).

Criminal facts, which became final and conclusive, were crimes committed in 2015, which became final and conclusive after the instant criminal facts were also finalized.

Criminal facts for which judgment has become final and the criminal facts of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should have been determined in consideration of equity and equity in the case of concurrent crimes under Article 39(1)

(See Supreme Court en banc Decision 2018Do20698 Decided June 20, 2019 (see Supreme Court en banc Decision 2018Do20698, Jun. 20, 201). The lower judgment omitted such measures in the course of applying statutes

3. The judgment of the court below is reversed ex officio.

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment shall be reversed and rendered following pleadings:

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: (a) on September 13, 2017, the first head of the lower judgment stated in the relevant column of the lower judgment, except for adding “The Defendant was sentenced to ten months of imprisonment (2016dan6628) at the Busan District Court on April 27, 2018 due to fraud, etc., and the judgment subject to a retrial became final and conclusive on April 27, 2018. After the new trial was decided on July 25, 2019 and the same court was sentenced to eight months of imprisonment (2019 Inventory18) and became final and conclusive on February 13, 2020 after the new trial was decided on February 25, 2019.”

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (Fraud and Selection of Fine) concerning the crime, and Article 246(1) of the Criminal Act (Gambling point);

1. The Criminal Act dealing with concurrent crimes;