A defendant shall be punished by imprisonment for not less than two months.

2. According to evidence duly adopted and examined by the court below, prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced on February 15, 2019 to imprisonment with prison labor and two months at the Seoul Central District Court on September 23, 2019, as stated in the first head of the crime in the judgment below, and the judgment became final and conclusive on September 23, 2019, as well as the defendant was sentenced on December 16, 2019 by imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising at the Seocho District Court's Seocho Branch Branch on March 5, 2020.

However, the instant crime of fraud is not only a crime of fraud, etc. for which judgment has become final and conclusive on September 23, 2019 taking into account its equity, but also a crime of concurrent crimes under the latter part of Article 37 of the Criminal Act, which became final and conclusive on March 5, 2020, and also a crime of concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined by taking account of equity with which judgment is to be rendered at the same time under Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do209, Oct. 23

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, on the ground of ex officio reversal, and the following decision is again rendered.

【Reasons for the Judgment in 201, the first criminal facts and the summary of the evidence admitted by the court in this Court are as follows: “The defendant was sentenced on February 15, 2019 by imprisonment with prison labor at the Seoul Central District Court on September 23, 2019, and the judgment became final and conclusive on September 23, 2019; on December 16, 2019, the defendant was sentenced ten months to imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission from the Youngcheon District Court’s Seocho Branch on March 5, 2020; and the summary of the evidence was determined on March 5, 2020.”