The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Evidence of seizure 1 to 3.0

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (three years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant, the record of this case reveals that the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Incheon District Court on December 22, 2016, and that the above judgment became final and conclusive on December 30, 2016. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and the crime of this case are determined by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act and equity, so the lower judgment cannot be maintained any longer.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court is subject to the Defendant’s imprisonment with prison labor for four months at the Incheon District Court on December 22, 2016, and the above judgment was finalized on December 30, 2016, under the column of “criminal facts” of the judgment of the court below No. 1. 1.

“A person before the judgment,” in the column of “a summary of evidence” in Section 4:

1. In addition, “the Defendant’s oral statement at the trial” was added, and the Defendant’s “from August 2014 to August 15, 201” as “from that time” of the 3th sentence of the lower judgment is the same as the corresponding column of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the facts constituting an offense (the fraud, but the fraud, as stated in paragraph (4) of the judgment below, is added to Article 30 of the Criminal Act), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the driving without a license) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.