The judgment of the court below (excluding the part of the compensation order) shall be reversed.

A defendant shall be punished by imprisonment for three years.

No. 1 of the seized evidence.

Summary of Grounds for Appeal

The defendant asserts that the punishment of the court below is too unreasonable, and the prosecutor asserts that the punishment of the court below is too uneasible and unfair.

Before determining the grounds for appeal ex officio, it shall be considered ex officio.

According to the records of this case, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Northern District Court on July 11, 2019 and the said judgment became final and conclusive on July 19, 2019.

Each of the crimes in the holding of the court below against the defendant is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime for which the above judgment became final and the latter part of Article 39 (1) of the Criminal Act, and the punishment shall be determined at the same time in consideration of equity in the case where the judgment is to be rendered simultaneously

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Discied Judgment of the court below] The summary of the facts constituting a crime and evidence recognized by this court is as follows. The first head of the judgment below added "the defendant was sentenced to one year of imprisonment with prison labor at the Seoul Northern District Court on July 11, 2019 and the above judgment became final and conclusive on July 19, 2019" to "1. A previous offense in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for adding "any significant fact to this court" as stated in the summary of evidence. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, the choice of imprisonment for a crime

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.