A defendant shall be punished by imprisonment with prison labor for three months.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to evidence, the defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court on December 10, 2020 and the above judgment became final and conclusive on December 18, 2020.

Therefore, since the crime of the judgment of the court below and the above crime of fraud, which became final and conclusive, are in conflict with the latter part of Article 37 of the Criminal Code, punishment for the crime of the court below shall be sentenced in consideration of equity and equality in the case where they are judged at the same time, and the judgment of the court below cannot be maintained.

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 of the court below is reversed, and it is again decided as follows through pleading.

【The grounds for the judgment that was used again] The facts constituting a crime and the summary of the evidence admitted by the court and the summary of the evidence are as follows. The first head of the facts constituting a crime as indicated in the judgment of the court below added "the defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court on December 10, 2020 and the above judgment became final and conclusive on December 18, 2020," and the summary of the evidence added "1. A previous conviction in the judgment of the court: Final conviction in the judgment of the court below: Final conviction in the summary of the evidence," and therefore, it is identical to each corresponding column of the judgment of the court below.

Application of Statutes

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes provided that the reason for sentencing under Article 39(1) is to consider equity in cases where the judgment was rendered simultaneously with the crime for which the judgment became final and conclusive.