A defendant shall be punished by imprisonment for four months.

2. Prior to the judgment on the grounds for appeal by the defendant, according to the records, the defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court Branch Branch Office of Incheon District Court on September 13, 2018, and the above judgment became final and conclusive on March 8, 2019. The defendant's crime of fraud and the above violation of the Road Traffic Act (Unlicensed Driving) which became final and conclusive on March 8, 2019 is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the judgment of the court below in consideration of equity in cases where the judgment is to be rendered at the same time in accordance with the first sentence of

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

【The judgment of multiple court’s holding that facts constituting a crime and summary of evidence recognized by this court are identical to each corresponding column of the court below’s holding that “The defendant was sentenced to four months from September 13, 2018 to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court Branch of Incheon District Court’s Branch on September 13, 2018; the above judgment became final and conclusive on March 8, 2019; and that “1. Ruling: Supreme Court Decision 2019Do1315 Decided January 13, 201; Supreme Court Decision 201Do1315 Decided September 8, 201).”

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes are as follows: (a) the defendant recognized and reflected the instant crime; and (b) the decision is reached with the victim.