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

However, the period of two years from the date this judgment becomes final and conclusive.

2. An ex officio decision-making prosecutor was sentenced to one year of suspension of the execution of imprisonment with prison labor for six months at the Daejeon District Court on February 18, 2021 and the judgment became final and conclusive on February 26, 2021, in the part of the criminal records of the instant indictment among the criminal facts in the instant indictment.

In addition, “A request for amendments to Bill of Indictment was made by this Court, and this Court has approved it.”

In this respect, the judgment of the court below is impossible to maintain as it is. 3. Thus, the judgment of the court below is reversed without examining the prosecutor's improper argument about sentencing, and the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by this court is "the part of the records of a crime" among the facts constituting a crime of the judgment of the court below, and "the defendant was sentenced to imprisonment with prison labor for six months at the Daejeon District Court on February 18, 2021 and the judgment became final and conclusive on February 26, 2021.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act concerning the crime, Article 347(1) of the Act on the Selection of Punishment, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license) of the Road Traffic Act, Article 37 of the Criminal Act dealing with concurrent crimes involving imprisonment: Provided, That Article 39(1) of the Act on the Punishment of Concurrent Crimes under Article 37(1)2 and Article 38(1)50 of the former part of the Criminal Act that aggravated concurrent crimes under Article 37(1);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds):

1. The crime of this case, which is based on the reason of sentencing in Article 62-2 of the Social Service Order Criminal Act, is deemed to have been obtained by deceiving the victim, and the method of crime is planned, and the amount of fraud is large, and the defendant is the defendant.