The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

According to the records, the Defendant was sentenced to two months of imprisonment for a crime of fraud at the Seoul Western District Court on January 10, 2019, and the judgment became final and conclusive on January 18, 2019. Since the crime of fraud and the crime of this case committed by the Defendant, for which judgment became final and conclusive, falls under concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment should be determined after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. Therefore, 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 below is again decided as follows after hearing.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as follows: "The defendant was sentenced to two months of imprisonment for fraud at the Seoul Western District Court on January 10, 2019 and the judgment became final and conclusive on January 18, 2019" in the first head of the crime column of the judgment of the court below; and except for addition of "1. previous records: Seoul Western District Court 2018 Godan3869 rulings" in the summary of the evidence column of the judgment of the court below as stated in the corresponding column of the judgment of the court below, it is consistent with the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes, is an unspecified number of persons by the so-called Bosing method.