The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

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

2. According to the ex officio determination records, the Defendant was sentenced to imprisonment with prison labor for two years at the Seoul Western District Court on August 14, 2019 and confirmed on June 25, 2020.

Therefore, each crime in the holding of the court below is a concurrent crime between the above crime of fraud for which judgment has become final and conclusive, and the latter part of Article 37 of the Criminal Act, and the punishment should be imposed in consideration of equity with the case where judgment is rendered simultaneously in accordance with the main sentence of Article 39(1) of the Criminal Act. Therefore,

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following decision is delivered without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

【The reasons for the judgment in Dao-written] Criminal facts and the summary of the evidence admitted by the court in this Court and the summary of the evidence are as follows: “The defendant was sentenced to two-year imprisonment for a crime in the Seoul Western District Court on August 14, 2019 and confirmed on June 25, 2020” in the first copy of the criminal facts of the judgment of the court below; “1. A criminal records in the last part of the evidence: A criminal investigation report (Attachment of the judgment, etc. in the pending trial of the suspect A), judgment, progress of the trial, and the KICS case summary information (2020Do4926) are as stated in the corresponding column, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (for each victims of the crimes, Nos. 2, 4 through 8 each year of the list of crimes);

1. Selection of each sentence of imprisonment;

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

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes