Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

A. The lower court, which sentenced the Defendant to a suspended sentence, is unlawful, even though the instant crime was committed based on misapprehension of the legal doctrine as to the period of repeated crime, and constitutes grounds for a suspended sentence. 2) The sentence of unfair sentencing (one month of imprisonment and two years of suspended sentence) by the lower court is too uneasible and unreasonable.

B. The sentence imposed by the lower court is too unreasonable because it is too unreasonable.

2. As to the prosecutor's assertion of misapprehension of the legal principles, the proviso of Article 62 (1) of the Criminal Act provides that the execution of the sentence shall not be suspended in cases where a sentence is imposed for a crime committed within three years after the execution of the sentence was completed or exempted. According to the evidence, especially criminal records, investigation reports (Attachment of previous and previous judgments and non-prosecutions), and investigation reports (the investigation report on the completion date of the sentence A), the defendant was sentenced on August 13, 2008 by the Seoul Central District Court to be sentenced ten months for fraud and on November 3, 201 of the same year after the above judgment became final and conclusive, and each of the crimes of this case was committed on January 13, 2012, which were within three years after the completion date of the above execution. Thus, the court below erred by misapprehending the legal principles as to the suspension of execution, thereby affecting the conclusion of the judgment.

3. If so, the prosecutor's appeal pointing this out is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is again decided after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;