A defendant shall be punished by imprisonment for not more than ten months.

2. Before deciding on the Defendant’s assertion of unfair sentencing ex officio, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant appealed on May 15, 2018 by a court sentenced to imprisonment for eight months and for two years of suspension of the execution of imprisonment for fraud, etc. and on December 7, 2018, the fact that the above judgment became final and conclusive on the same day by withdrawing the above appeal on December 7, 2018 is significant in this court. The crime in the judgment of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the above judgment, and the punishment is determined after examining whether to reduce or exempt the sentence in consideration of equity and the case where the judgment becomes final and conclusive at the same time under Article 39(1) of the Criminal Act. In this respect

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 grounds of ex officio reversal as seen above, and it is again decided as follows.

[Along with the reasoning of the judgment of the court, the summary of criminal facts and evidence recognized by this court is as follows: "The defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on May 15, 2018 in this court due to fraud, etc., and the above judgment became final and conclusive on December 7, 2018." The summary of evidence is as stated in the judgment of the court below, except for addition of "a significant fact in this court" to the last part of this court. Thus, it is identical to each corresponding part of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 225 and Article 225 of the Criminal Act for the crime;