A defendant shall be punished by imprisonment for not more than ten months.

2. According to the Defendant’s judgment on the assertion of unfair sentencing, prior to the judgment on the Defendant’s assertion of unfair sentencing, according to the “public prosecutor’s investigation report (report on confirmation of repeated crime)” which was lawfully submitted and investigated in the trial at the trial, the Defendant was sentenced by the Seoul High Court on July 22, 2010 to imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court for one year and six months, and paroled on November 30, 201 in the execution of the sentence on January 20, 2012 and the parole period passed on January

Therefore, since each of the crimes of this case committed within three years from the expiration date of the above parole period, it constitutes a repeated crime, it is necessary to determine a punishment after adding a repeated offender pursuant to Article 35 of the Criminal Act. In this regard, the judgment of the court below is no longer able to be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above. The judgment below is again decided as follows

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the first head of the judgment of the court below added "the defendant was sentenced by the Seoul High Court on July 22, 201 to one year and six months for the violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) and was released on November 30, 201 during the execution of the sentence on January 20, 201 and for which the parole period has elapsed on January 20, 2012" to the summary of the evidence, and except for adding "1. Investigation Report (Confirmation Report as to whether a repeated crime)" to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Articles 347(1) and 30 (Fraud and Selection of Imprisonment);

(b) Act on the Regulation of Conducting Fund-Raising Business without Permission.