The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

The sentence of the court below against the defendant (one year of imprisonment, two years of suspended execution, and 300 hours of community service order) is too unhued and unfair.

Judgment

B. Before the prosecutor’s decision on the assertion of unfair sentencing is examined ex officio, the record reveals that the defendant was sentenced on September 9, 201 by the Suwon District Court to a suspended sentence of one year and six months for fraud, etc. on March 24, 2011. The above judgment becomes final and conclusive on March 24, 2011. The above crime of fraud, etc. (two years of suspended execution in one year and six months of imprisonment) and the crime of attempted fraud in this case (two years of suspended execution in six months of imprisonment) in all of the judgments of the court below (two years of suspended execution in six months of imprisonment) and the crime of fraud in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the judgment of the court below shall be determined after examining whether to reduce or exempt the sentence, taking into account equity with the case of concurrent crimes under Article 39(1) of the Criminal Act, and thus, it cannot be maintained as it is,

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting a crime recognized by this court and the summary of the evidence are as follows: 6-7 of the judgment of the court below on September 9, 2010. "The defendant was sentenced to two years of probation on March 24, 2011 at the Suwon District Court on September 9, 201 to one year and six months of imprisonment due to fraud, etc., which became final and conclusive on March 24, 201. On December 22, 2011, the Suwon District Court sentenced two years of probation to six months of imprisonment for fraud at the Suwon District Court on December 23, 2011, which became final and conclusive on December 23, 201."