The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

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 punishment (five million won of a fine) is too unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment, the record reveals the following facts: (a) the Defendant was sentenced to imprisonment with prison labor for ten months at the Seoul Central District Court on July 19, 2012; (b) two years of suspended execution; and (c) the said judgment became final and conclusive on October 25, 2012; and (d) on April 24, 2013, the Gwangju District Court sentenced five months of imprisonment with prison labor for fraud and became final and conclusive on July 11, 2013.

With the establishment of the above judgments, the instant fraud and each of the above fraud are concurrent crimes under the latter part of Article 37 of the Criminal Act.

Since the date and time of the crime of fraud established on July 11, 2013 is prior to the date and time of the final judgment of the crime of fraud established on October 25, 2012, all of the instant crimes and each of the instant judgments that became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act.

(See Supreme Court Decision 2008Do209 Decided October 23, 2008). Nevertheless, the lower judgment, which omitted the application of the first sentence of Articles 37 and 39(1) of the Criminal Act in the application of statutes, cannot be maintained as it is.

3. 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 grounds of ex officio reversal as seen above, and the following decision is rendered through pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: “The defendant is sentenced to 10 months of imprisonment for fraud at the Seoul Central District Court on July 19, 2012, and 2 years of suspended execution, which became final and conclusive on October 25, 2012; on April 24, 2013, the Gwangju District Court sentenced 5 months of imprisonment for fraud, which became final and conclusive on July 11, 2013; and the above judgment was added to the summary of the evidence as stated in the corresponding column of the lower judgment, except for addition of 1.1. criminal record inquiry (A) and 3.3 cases of each case.”