The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the record reveals that the defendant was sentenced to imprisonment with prison labor for not more than ten months at the Gwangju District Court on September 28, 2017 and the judgment became final and conclusive on March 9, 2018.

Since the crime of fraud, etc. for which judgment has become final and conclusive and the crime of this case is concurrent crimes in the latter part of Article 37 of the Criminal Act, a sentence shall be imposed in consideration of equity and equity in cases where judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act,

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing. The judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the first head of the lower judgment, and the judgment was finalized on March 9, 2018, on September 28, 2017, after being sentenced to imprisonment with labor for not more than ten months at the Gwangju District Court for fraud, etc.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 ( point of fraud) of the Criminal Act concerning criminal facts, Articles 15(9)1 and 6(1) of the Reserve Forces Act, and Articles 6(1) of the same Act concerning the option of punishment, and the choice of imprisonment for each sentence;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are recognized and reflected in all of the instant crimes. The lower court paid KRW 1,644,100 to the victim KB non-life insurance company.

In addition, the above judgment becomes final and conclusive, and at the same time, the same time the judgment has been rendered.