The judgment of the court below is reversed.

Defendant is against each of the crimes listed in [Attachment 2] to 12] of the crime sight table in the judgment of the court below.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) of the lower court is too unreasonable.

2. On December 20, 2017, the Defendant, ex officio setting the final judgment, was sentenced to eight months of imprisonment for fraud in the Suwon District Court’s Ansan Branch, which became final and conclusive on June 7, 2018. Since the crime of fraud listed in [Attachment Table 1] as indicated in the holding of the lower judgment is in a concurrent relationship between the above crime for which judgment became final and the latter part of Article 37 of the Criminal Act, the Defendant shall be sentenced to punishment after examining whether to reduce or exempt the punishment, taking into account equity in cases where a judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, and thus,

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal of the judgment below.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Article 35 of the Criminal Act among repeated crimes (as to each crime except for the frauds listed in the table of crimes No. 1 of the judgment of the original court)

1. The latter part of Article 37 and the former part of Article 39(1) of the Criminal Act (the fact of fraud listed in an annex No. 1 in the judgment of the original court, and between fraud for which judgment has become final and conclusive);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (Attachment Table 2 through 12 of the Criminal Act);

1. As to the fraud listed in [Attachment 1] No. 5 of the Criminal Code, which is the second sentence of Article 39(1) of the Exemption of Punishment Act, the more severe than the previous sentence even in a case where a judgment is rendered together with a final judgment of fraud.