The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

1. Determination of the summary of grounds for appeal (unfair punishment for eight months) shall be inappropriate;

2. On January 31, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud, etc. at the Busan District Court on August 8, 2019, and the judgment became final and conclusive on February 8, 2019.

Criminal facts for which judgment has become final and the criminal facts of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should have been determined in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal

Application of Statutes

In the process, the judgment of the court below which omitted such measures is in violation of law and affected the conclusion of the judgment.

3. The judgment of the court below is reversed ex officio.

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment shall be reversed and rendered following pleadings:

Criminal facts

In addition to adding "the defendant was sentenced to two years of suspension of execution on January 31, 2019 and the judgment on February 8, 2019 became final and conclusive on February 8, 2019" to the first head of the crime in the judgment of the court below, the summary of the crime and evidence recognized by this court is as stated in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines do not apply to the latter concurrent crimes of Article 37 of the Criminal Act with the reason of sentencing under Article 62-2 of the Act on Probation and Social Service Order. However, if the sentencing guidelines are assessed based on the sentencing factors determined by the Act on the Punishment of Violences, etc. (joint injury), there are factors of mitigation of the penalty non-conformity and major pride in the suspension of execution.

In accordance with Article 39(1) of the Criminal Act, the sentence of the court below is heavy in consideration of equity and the same.

The sentencing factors in this Court are the factors of sentencing.