The defendant shall be exempted from punishment.

2. We examine ex officio prior to the judgment on the grounds for appeal.

According to the records, the defendant was sentenced to imprisonment with prison labor for a maximum of two years and six months and a short of two years on November 25, 2021 in Busan District Court 2020No. 1733, 2479 (Joint) and 3025 (Joint). The defendant can be acknowledged that the above judgment became final and conclusive on November 25, 2021.

The crime of this case was committed before the above judgment becomes final and conclusive. The crime of this case and the crime of this case, for which judgment became final and conclusive, are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and thus, the punishment for the crime of this case shall be sentenced in consideration of equity with the case where judgment is to be rendered at the same time pursuant to Article 39 (1) of the Criminal

In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without having to make a judgment as to the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by the court, and the summary of the evidence thereof, among the judgment of the court below, were sentenced to imprisonment for a maximum of two years and six months for a short term of two years for fraud, etc. and the judgment of the court below on January 25, 2021, in the case of "the defendant was sentenced to imprisonment for a maximum of two years and six years for a short term of two years for fraud, etc." in the previous head of the criminal history in the Busan District Court Decision 2020, 173, 2479 (Joint) and 302

In addition, “1. previous conviction” is added to “a reply to inquiries, such as criminal history, investigation report (the confirmation of the case during the trial of suspects), copy of the judgment, etc.” in the part “1. prior conviction” in the column for evidence, as stated in each corresponding column of the judgment of the court below. As such, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;