The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in October, and one hundred and sixty hours of community service) is too uneased and unreasonable.

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

According to the records of this case, on November 12, 2019, the Defendant was sentenced to a suspended sentence of one year for the purpose of violating the Electronic Financial Transactions Act from the Suwon District Court on the ground that he/she was sentenced to imprisonment for four months on November 20, 2019, and the judgment became final and conclusive on November 20, 2019. The crime of aiding and abetting fraud in the judgment of the court below committed prior to the final and conclusive judgment is in a concurrent relationship between the crime for which the above judgment became final and the crime of aiding and abetting fraud in the latter part of Article 37 of the Criminal Act, and determines punishment after considering equity with the case at which a judgment is concurrently rendered pursuant to Article 39

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after hearing.

【Reason of the judgment below's reasoning of the court below's reasoning] The summary of criminal facts and evidence admitted by this court is identical to the description in each corresponding column of the court below's judgment, except for adding "The defendant was sentenced to a stay of execution for four months from the Suwon District Court on November 12, 2019 to "the suspension of execution for a violation of the Electronic Financial Transactions Act was finalized on November 20, 2019" to "the defendant was sentenced to a stay of execution for four months from the Suwon District Court's Sejong District Court's House on November 12, 20

Application of Statutes

1. Relevant Articles 347(1) and 32(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the accused.