The judgment below

The guilty part shall be reversed.

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

35 million won from the defendant.

1. Of the facts charged in this case, the lower court rendered a judgment of innocence as to the fraud of the annexed crime No. 2, 4, and 5 as indicated in the judgment of the lower court, and sentenced the remainder of the facts charged. Accordingly, the Defendant appealed only to the guilty portion. Since the Defendant and the prosecutor did not appeal to the acquittal portion, and the aforementioned acquittal portion became final and conclusive, the scope of the judgment of the lower court is limited to the guilty portion among the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor and additional collection of KRW 35 million) of the lower court is too unreasonable.

3. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal for ex officio, and at the trial court, the prosecutor applied for amendments to the indictment with the content that “the defendant was sentenced to four months of imprisonment with prison labor for fraud at the Seoul Western District Court on January 17, 2019 and the above judgment became final and conclusive on April 30, 2019” added “the latter part of Article 37 and Article 39(1) of the Criminal Act” to the applicable provisions, and this Court permitted this.

Therefore, the guilty portion of the judgment of the court below becomes no longer able to be maintained due to changes in the object of judgment.

4. Thus, the guilty part of the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the guilty part of the judgment of the court below is again decided as follows through pleading.

[C] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are added to the criminal records of the judgment of the court below, "the defendant was sentenced to four months of imprisonment for a crime in Seoul Western District Court on January 17, 2019, and the above judgment became final and conclusive on April 30, 2019." The summary of the evidence was stated in the judgment of the court below, and the defendant was stated in the trial records of the court below as stated in the summary of the evidence."