The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The defendant does not pay the above fine.

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant, the record reveals that the Defendant was sentenced to one year to imprisonment with prison labor for a crime of fraud, etc. at the Daegu District Court on April 17, 2014, and the judgment became final and conclusive on July 18, 2014. The crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act between the crime of fraud, etc. for which the judgment became final and conclusive, and is at the same time determined in accordance with Article 39(1) of the Criminal Act, taking into account equity and taking into account whether to reduce or exempt the sentence. However, the lower court, which did not take into account

3. Accordingly, 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, without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is as stated in the corresponding column of the judgment of the court below, except that "the defendant was sentenced to one year by imprisonment with prison labor for fraud, etc. at the Daegu District Court on April 17, 2014 and the judgment became final and conclusive on July 18, 2014" was added to the main column of the evidence in addition to adding "1. Criminal records: A copy of the judgment: Attachment of the investigation report (a copy of the judgment, etc.)" as stated in the corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 140 (1) of the Criminal Act selecting a penalty;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was committed by the court.