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 summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. We examine ex officio prior to the judgment on the defendant's improper argument of sentencing.

According to the records, the defendant was sentenced to five months of imprisonment for fraud at the Daejeon District Court on July 19, 2018 and the above judgment became final and conclusive on July 27, 2018.

Therefore, since the crime of this case and the crime of previous conviction of this case, which had been established prior to the day when the judgment of the court below became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, the punishment of this case shall be determined for the crime of this case after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2008Do209, Oct. 23, 2008). As above, after the sentence of the court below, a final and conclusive judgment with regard to concurrent crimes under Article 37 of the Criminal Act was rendered after the crime of this case and Article 39(1) of the Criminal Act became final and conclusive. For this reason, the court below considered equity and considering equity and did not determine the punishment of this case after examining whether to reduce or exempt the sentence, thereby making it impossible to maintain.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, are all criminal records of the judgment of the court below, and the judgment of the court below is rendered on July 19, 2018 on July 27, 2018 by the Daejeon District Court sentenced the Defendant to imprisonment for five months for fraud.