The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., three years of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the record of this case reveals that the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court on October 25, 2018 and the above judgment became final and conclusive on November 2, 2018. As such, the crime of this case and the crime for which judgment became final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to the concurrent crimes under the latter part of Article 39(1) of the Criminal Act, by taking account of equity in cases where judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence, the lower judgment which did not

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court is the first head of the judgment below, and ① "criminal facts" of the judgment below is the first head of "the defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court on October 25, 2018 and the judgment became final and conclusive on November 2, 2018", and ② "the summary of evidence" of the judgment below.

1. In addition to the addition of a copy of the judgment bound in the trial record (in Incheon District Court Decision 2018 High Court Decision 2018 High Court Decision 6902) and the result of the case search by the Supreme Court, it is identical to the corresponding column of the judgment of the court below. Therefore, all of them shall be cited in accordance with

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with labor, respectively.