A defendant shall be punished by imprisonment for a term of one year and nine months.

The seized ASEAN 8.1 of the Incheon District Public Prosecutor's Office.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

According to the records of this case, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court on October 1, 2018, and the above judgment became final and conclusive on October 9, 2018. As such, the crime for which judgment became final and the crime of this case are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and the punishment is determined by taking into account the case of concurrent crimes and equity pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Judgment] The summary of facts constituting a crime and evidence recognized by this court is a summary of the facts constituting a crime and evidence. On October 1, 2018, the judgment below became final and conclusive on October 9, 2018 by having been sentenced to four months in imprisonment with prison labor at the Incheon District Court for fraud.

With the exception of adding “other than the foregoing,” it is identical to the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, each of the instant frauds committed on the grounds of sentencing under Article 48(1)1 of the Criminal Act is highly poor in the nature of the crime as a systematic, planned, intelligent, and social harm is very serious crime, and the Defendant directly talks with the victims.