The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

The sentence of the court below (hereinafter referred to as 3,00,000 won) against the defendant on the summary of the grounds for appeal is too unreasonable.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

On January 18, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor at the Busan District Court for fraud, etc. on May 26, 2017, and the judgment becomes final and conclusive on May 26, 2017. The Defendant’s crime and the above fraud, etc., for which the lower court’s judgment and the judgment against the Defendant have become final and conclusive, shall be sentenced to punishment for the crimes indicated in the lower judgment, taking into account equity with the case where the Defendant simultaneously ruled it in accordance with the first sentence of Article

In this regard, the prosecutor added "Article 37, the latter part of the Criminal Act and Article 39, Paragraph 1 of the same Article" to the provisions of the law applicable to the indictment of this case in the trial of the party. Of the facts charged, the defendant was sentenced to eight months imprisonment with prison labor at the Busan District Court on January 18, 2017 and the judgment became final and conclusive on May 26, 2017.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence recognized by this court is the first head of "criminal facts" column, and the judgment was finalized on May 26, 2017, when the defendant was sentenced to eight months of imprisonment with prison labor at the Busan District Court on January 18, 2017.

The summary of “B and B” evidence is as follows: (a) previous records in the last sentence of “1.”; (b) investigation reports (verification of final judgment); and copies of each judgment, other than adding “B” as stated in each corresponding column of the judgment of the court below; and (c) such records are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;