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

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to eight months of imprisonment for fraud in the Gwangju District Court’s Macheon Branch on November 9, 2016, and the judgment became final and conclusive on April 22, 2017. Thus, the above crime of fraud, for which each crime and judgment in the judgment of the court below against the Defendant became final and conclusive on April 22, 2017, is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and is determined in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with the first sentence of Article

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime recognized by this court and the summary of the evidence thereof are as stated in each corresponding column of the lower judgment, except for adding “the Defendant was sentenced to eight months of imprisonment for fraud from the Gwangju District Court’s Macheon Branch on November 9, 2016 to “the said judgment became final and conclusive on April 22, 2017” in the first head of the facts constituting a crime on the first page of the lower judgment’s sentence. Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant committed each of the instant crimes during the period of suspended execution; and (b) the Defendant has been punished several times due to fraud, etc., which are disadvantageous to the Defendant.

However, when the defendant was in the first instance, the above victim is the defendant by agreement with the victim G.