The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. Summary of grounds for appeal;

A. In light of the legal principles, each of the instant crimes committed on March 5, 2018, which was established on March 5, 2018 following the pronouncement of the lower judgment, the relationship between the Defendant’s fraud (one year and two months of imprisonment) and the latter part of Article 37 of the Criminal Act, the principle of equity with the case where a judgment is rendered at the same time under Article 39(1) of the Criminal Act should be considered, and whether to reduce or exempt the sentence. The lower court’s failure to

B. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

2. According to the records of the instant case’s assertion of misapprehension of the legal doctrine, the Defendant was sentenced to imprisonment with labor for one year and two months at the Incheon District Court on January 19, 2018, and the said judgment became final and conclusive on March 5, 2018. As such, each of the instant crimes and the crime for which the judgment became final and conclusive as above are in the concurrent crimes relationship between each of the instant crimes and the latter part of Article 37 of the Criminal Act, taking into account the equity between the case where a judgment is rendered at the same time under Article 39(1) of the Criminal Act and the case where a sentence is to be mitigated or exempted, the lower court, which did not take into account

Therefore, the defendant's assertion of misapprehension of the above legal principles is with merit.

3. As such, the appeal on the Defendant’s assertion of misunderstanding of the legal principles is with merit. Thus, without examining the Defendant’s unfair argument of sentencing, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered through pleading.

【Grounds for the Judgment to be used again] Criminal facts and summary of evidence recognized by this court are as follows: ① Criminal facts and summary of evidence in the judgment below [criminal records] column, and ① Defendant was sentenced to imprisonment with prison labor for one year and two months at the Incheon District Court on January 19, 2018 and the judgment became final and conclusive on March 5, 2018.

2. In addition, the court below’s prior records in the column of “1. prior records” in the original judgment.