A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. Prior to the judgment on the grounds for appeal against the judgment of the court below ex officio, the defendant was sentenced to imprisonment with prison labor for one year and three years of suspension of execution at the Seoul Central District Court on December 14, 2018, and the above judgment became final and conclusive on April 11, 2019. The crime of the judgment of the court below against the defendant and the above crime of fraud, which became final and conclusive on April 11, 2019 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the judgment of the court below in consideration of equity with the case where the judgment of the court below is to be held simultaneously. Thus, the judgment below

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

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 Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the penalty heavier than the penalty prescribed in a crime on May 21, 2012)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not more than 15 years of imprisonment;

2. The sentencing criteria shall not apply to crimes subject to the setting of the sentencing criteria based on the sentencing criteria and where there exist the latter concurrent crimes of Article 37 of the Criminal Act.

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;