A defendant shall be punished by imprisonment for six months.

2. On July 12, 2018, the Defendant was sentenced to imprisonment with prison labor for a year and four months at the Cheongju District Court for a violation of the Punishment of Violences, etc. Act (joint conflict), and the said judgment became final and conclusive on January 11, 2019.

The crime of violation of the Punishment of Violences, etc. Act and the crime of this case, for which a judgment has become final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, a punishment shall be determined after considering equity and the mitigation of or exemption from punishment pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. 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, and the judgment below is reversed, and the following is again decided after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act are against the principle of good faith when the defendant is found to have committed a crime.

The amount of damage actually suffered by the victim seems to be less than the amount of fraud.

The crime of violation of the Punishment of Violences, etc. Act and the crime of this case for which a judgment has become final and conclusive shall take into account equity in the case of concurrent crimes under Article 39(1) of the Criminal Act in relation to the latter part of Article 37 of the Criminal Act.

On the other hand, the defendant has a number of criminal convictions as well as imprisonment, and commits the crime of this case again during the period of repeated crime.