The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (two months of imprisonment, two years of suspended execution, two years of probation, and community service order 160 hours) is too unhued and unreasonable.

2. On May 11, 2018, the Defendant was sentenced to 6 months of imprisonment with prison labor for special larceny and 2 years of suspension of execution at the Suwon District Court sentenced to 6 months of imprisonment with prison labor for special larceny and the judgment on May 19, 2018 became final and conclusive on May 19, 2018. The above special larceny, which became final and conclusive in the judgment of the court below, is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and is in the relation of concurrent crimes under the latter part of Article 39

3. 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 grounds of ex officio reversal of the judgment below, and the following is again decided after pleading.

【Reason of the judgment of the court below in light of the facts constituting a crime and the summary of the evidence admitted by the court below, and the summary of the facts constituting a crime of the crime of the court below [criminal records] part of the court below's judgment is the same as the corresponding column of the court below's judgment, except for the following changes: "The defendant was sentenced to two years of suspension of execution on April 27, 2018 to six months of imprisonment with prison labor for fraud, etc. in the Suwon District Court Sung-nam Branch branch of the Suwon District Court, which became final and conclusive on May 5, 2018; on May 11, 2018, the Suwon District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for special larceny, which became final and conclusive on May 19, 2018."

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act (the point of single fraud), Articles 347(1) and 30 of the Criminal Act (the point of joint fraud) and the choice of imprisonment with prison labor, respectively;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 62-2 of the Criminal Act shall be based on probation and community service order.