The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. According to the ex officio judgment records, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court on November 28, 2013, and on March 24, 2014, recognized the fact that the said judgment became final and conclusive.

The Defendant’s crime of this case is related to a crime subject to the above final judgment and concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined in consideration of equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained.

3. Accordingly, the court below's decision is reversed under Article 364 (2) and (6) of the Criminal Procedure Act without any need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court below is to add "the defendant was sentenced to four months of imprisonment with prison labor for fraud at the Incheon District Court on November 28, 2013 and the judgment became final and conclusive on March 24, 2014" to the main part of the evidence, and except for adding "1. criminal records: criminal records, etc.: the inquiry report, such as criminal records, etc., and the report on the results of the confirmation of the disposal failure," as stated in the corresponding column of the judgment of the court below, and thus, it is to be cited in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Of concurrent offenders, there are unfavorable circumstances, such as the fact that the Defendant repeatedly acquired money from the victim for the reason of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the fact that the damage has not been recovered, and the Defendant again committed the instant crime despite the record of the same crime.

On the other hand, this is true.