A defendant shall be punished by imprisonment for four months.

2. The prosecutor ex officio held that the part of the criminal records of the existing facts charged in the instant case during the second trial of the trial of the court of the trial was "the defendant was sentenced to eight months of imprisonment with prison labor for fraud from the Suwon District Court's Ansan Branch on July 19, 2018, and the judgment became final and conclusive on November 14, 2018," and applied for permission to change the list of crimes in the annexed list of crimes in the judgment of the court of the party, and the subject of the judgment was changed by this court's permission. Therefore, the judgment of the court below shall be reversed in this regard.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided as follows after oral argument.

[Grounds for the judgment that has been written] The summary of facts constituting a crime and evidence recognized by the court below is that the court below's criminal records are identical to the corresponding part of the court below's judgment, except for the alteration of "1.1. Defendant's court statement" into "1. Defendant's court statement" as stated in the attached list of the court below's judgment, since the court below's criminal records are identical to the corresponding part of the court below's judgment, as it is accepted in accordance with Article 369 of the Criminal Procedure Act, by referring to "the defendant was sentenced to eight months of imprisonment for fraud from the Suwon District Court's Ansan Branch Branch of July 19, 2018, and the judgment became final and conclusive on November 14, 2018."

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (Aggravation of Concurrent Crimes with Punishment in Crimes against Victims S with the largest penalty) of the Criminal Act is deemed to be done by the defendant.