The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to records, the defendant was sentenced to imprisonment with prison labor for two years for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Gwangju High Court on August 23, 2018, which was after the judgment of the court below was rendered, and the judgment was finalized on August 31, 20

In the judgment of the court below against the defendant, since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the latter part of Article 37 of the Criminal Act are concurrent crimes with the above crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) which became final and conclusive, the sentence should be imposed

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

Criminal facts

The summary of the facts and evidence admitted by this court is the facts of the crime and the summary of the evidence of the judgment of the court below. The first head of the judgment of the court below added "the defendant was sentenced to two years of imprisonment with prison labor on August 23, 2018 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on August 31, 2018." The summary of evidence of the judgment of the court below is as stated in each corresponding column of the judgment of the court below except for adding "1. The previous conviction of the judgment of the court of first: judgment (the Gwangju High Court 2018No11), and submission of additional evidence (the latter concurrent crimes related to Article 37 of the Criminal Act)" to "the summary of evidence."

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 228(1) of the Criminal Act (the point of false entry, such as public electronic records), Articles 229 and 228(1) of the Criminal Act (the point of events, such as false entry, electronic records, etc.) for the selection of criminal facts and punishment.