The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 (gallon lusium 10) shall be forfeited.

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

2. On May 10, 2019, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a crime of fraud in the Goyang Branch of the Jung-gu District Court. On January 29, 2020, the said judgment became final and conclusive.

Since the crime of fraud and the crime of this case for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after considering equity and mitigation or exemption of punishment in accordance with Article 39(1) of the Criminal Act, and the judgment of the court below cannot be maintained.

3. 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 reversed, and the following is again decided after pleading.

[Discied reasoning of the judgment below] The summary of the facts constituting a crime and the evidence admitted by the court of this court is to add "the defendant was sentenced to a suspended sentence of two years on May 10, 2019 to imprisonment with prison labor for one year and one year for fraud, and the above judgment became final and conclusive on January 29, 2020," and "the defendant was released on the same day after he was sentenced to a suspended sentence of one year for a crime for a fraud in Gyeyang Branch Branch Branch of the Government District Court on May 10, 2019, and was sentenced to a suspended sentence of one year for a punishment for a fraud, and is currently pending in the appellate trial," and the summary of the evidence is to delete "the defendant was released on the same day as the defendant was sentenced to a suspended sentence of one year for a crime for a fraud, and the summary of the evidence is to add "1.'s own Government Decision 2019No1368 and Article 2019No1368, Jan. 1, 20199)".

Application of Statutes

1. The means of access to the relevant criminal facts under Articles 347(1) and 30 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act.