The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to eight months of imprisonment by fraud, etc. at the Chuncheon District Court on July 16, 2019 and the judgment became final and conclusive on December 24, 2019. The crime of fraud, etc. against the Defendant and the judgment of the court below, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are in the relation of concurrent crimes under the latter part of Article 39(1) of the Criminal Act, taking into account equity with the case where the Defendant simultaneously decides, and determine the punishment by examining whether to exempt mitigation of punishment. The court below determined a sentence without considering such circumstances, and thus, the judgment

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is reversed and it is again decided as follows.

[Grounds for the judgment of the court below] The summary of facts constituting a crime and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, except for the addition of "the defendant is a person who was sentenced to eight months of imprisonment by fraud, etc. at the Chuncheon District Court on July 16, 2019 and the judgment became final and conclusive on December 24, 2019" to the first head of the facts constituting a crime as stated in the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Article 355(2) and (1) of the Criminal Act, Articles 355(1) and 30 of the Criminal Act, the choice of imprisonment for a crime

1. The reasons for sentencing under the latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Code dealing with concurrent crimes have been cancelled, and the defendant promised to set up the second priority right to the real estate of this case as a cycle of setting up the second priority right, and even if there has been a cycle of setting up a civil and criminal liability on the real estate of this case.