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.

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio. According to the records of this case, the Defendant was sentenced to six months of imprisonment with prison labor at the Daegu District Court on July 14, 2015, and the said judgment became final and conclusive on September 25, 2015. As such, the crime of this case and the crime of fraud for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to which the crime of this case are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the punishment shall be determined after considering the case at the same time under Article 39(1

3. Accordingly, 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, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence against the defendant recognized by this court is as follows: "The defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court on July 14, 2015 and the judgment became final and conclusive on September 25, 2015" in the summary of the evidence as follows: "1. Previous records: the defendant's statement at the trial court, the summary of the case agreement assistance session, and each copy of each judgment" are added respectively to the summary of the evidence in the first head of the judgment of the court below; and except that " November 16, 2014" in the second third part of the judgment of the court below as " November 6, 2014" is the same as the corresponding column of the judgment of the court below, and it is also accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

3. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act shall apply.