A defendant shall be punished by imprisonment with prison labor for up to six months.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records of the instant case are examined as follows: (a) the Defendant was sentenced on February 2, 2018 to imprisonment with prison labor for four months and four and a half years and six months for a crime of fraud in the Netcheon Branch of the Gwangju District Court on February 2, 2018; and (b) the judgment became final and conclusive on

As above, the crime of fraud for which judgment has become final and conclusive is in the relation of concurrent crimes after Article 37 of the Criminal Act, and after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act, the punishment should be determined after examining whether to reduce or exempt the punishment.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, on the ground that the above ground for reversal ex officio is reversed, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is the first head of the judgment of the court below, and the judgment was finalized on July 12, 2018 on the following grounds: "The defendant was sentenced to four months of imprisonment and four and a half years of imprisonment for fraud in the Gwangju District Court's net support on February 2, 2018."

“A previous conviction in the judgment of the Supreme Court: 1. It is identical to the corresponding column of the judgment of the court below, except for the addition of “the search of the case” to the column of the evidence, and thus, both of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the following facts are favorable to the defendant.

The defendant has led to the confession of all crimes and is against the law.

Before the prosecution of this case, approximately nine million won was paid to the victim.

The crime of this case is judged.