The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s penalty (700,000 won of a fine) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the records show that the defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Incheon District Court on July 9, 2015, and the above judgment became final and conclusive on October 30 of the same year. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and each of the crimes of this case are determined by the judgment below after examining whether to reduce or exempt punishment in consideration of equity in cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the ground of ex officio reversal, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court below, except for adding "the defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the Incheon District Court on July 9, 2015, and the above judgment became final and conclusive on October 30 of the same year" to all the facts charged in the judgment of the court below, and therefore, it is cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning concurrent crimes (the judgment of the court and the crimes of this case);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as determined in the crime of fraud as of July 11, 2014, with heavier penalty);

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

1. The defendant has several reasons for sentencing under Article 334(1) of the Criminal Procedure Act.