The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

1. Even if the Defendant was served on December 24, 2018 with the notification of the receipt of the trial record on December 24, 2018, the Defendant did not submit the statement of grounds for appeal by the deadline

According to the evidence duly adopted and examined by the court below and the court below, the defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on August 30, 2018, and the above judgment became final and conclusive on September 7, 2018. The crime and the above crime, which became final and conclusive on September 7, 2018, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime under the judgment of the court below in consideration of equity with the case where the judgment is rendered at the same time in accordance with the first sentence of

In this regard, the prosecutor added "the defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on August 30, 2018, and the above judgment became final and conclusive on September 7, 2018" to the facts charged in the indictment of this case against the defendant at the trial court, and applied for permission to amend the indictment to add "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to applicable provisions of law, and this court permitted this.

In this respect, the judgment of the court below is no longer maintained.

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

Criminal facts

The summary of the facts and evidence admitted by this court is as follows: "Criminal facts" is as follows: "The defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on August 30, 2018 and confirmed on September 7, 2018"; "the summary of evidence" is as stated in the summary of "1." Except for addition of "the investigation report (the confirmation of whether the latter concurrent crimes of Article 37 of the Criminal Act are concurrent crimes) and a copy of each written judgment" to the first head, it is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1..