A defendant shall be punished by imprisonment for four months.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, according to the records, the defendant was sentenced to imprisonment of one year and two months with prison labor at the Suwon District Court on August 22, 2019. The above judgment became final and conclusive on April 1, 2020. Since each crime of the judgment of the court below against the defendant and the above crime of fraud are concurrent crimes under the latter part of Article 37 of the Criminal Act, the defendant is in a concurrent relationship under the latter part of Article 39(1) of the Criminal Act, taking into account the equity between cases where the judgment is to be rendered simultaneously, and whether to be exempted from mitigation of punishment. The court below determined the punishment without considering such circumstances, and therefore, the judgment of the court below cannot be maintained in this respect.

3. Accordingly, 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, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

[Discied reasoning of the judgment below] Summary of facts constituting a crime and evidence recognized by this court is the first head of the facts constituting a crime as indicated in the judgment below and the summary of the evidence was sentenced to imprisonment with prison labor for not less than one year and two months at the Suwon District Court on August 22, 2019, and the above judgment was finalized on April 1, 2020.

In addition, “A” and “A” were added to the summary of the evidence as indicated in the judgment of the court below and “A”: The above is identical to each corresponding column of the judgment of the court below, and the above is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of the Defendant’s trial statement at the trial and the judgment (U.S. District Court

Application of Statutes

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

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

1. The defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes are victims.