The judgment of the court below is reversed.

A fine shall be imposed on the first offense of imprisonment with prison labor for not more than six months and the second offense of the decision.

1. The summary of the grounds for appeal is too unreasonable in light of the fact that the defendant is against the crime of this case, is likely to be in economic situation, and is agreed with the victim of fraud, etc. (six months of imprisonment with prison labor for the first crime, two months of imprisonment with prison labor for the second crime, two months of suspended execution with prison labor for the second crime, two years of suspended execution).

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

On August 10, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Cheongju District Court on August 11, 2017, and the judgment became final and conclusive on August 11, 2017, and completed the execution of the above punishment on September 28, 2018, and the crime referred to in Article 2 of the judgment was committed on January 21, 2019. In cases where a sentence for a crime committed during a period of three years after the completion or exemption of the execution of imprisonment without prison labor or any heavier punishment was sentenced, the Defendant cannot be suspended from the execution of the sentence (Article 62(1) of the Criminal Act).

3. The judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided upon without proceeding to decide on the defendant's assertion of unfair sentencing, since there exists a ground for ex officio reversal in the part of the judgment of the court below on the second crime, and the community service order ordered by the court below is unclear

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 49(4)2 of the Electronic Financial Transactions Act; Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts; the choice of imprisonment;

1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning the treatment of concurrent crimes (trade between frauds at the time of sale and frauds for which judgment becomes final and conclusive on July 12, 2017);

1. The Criminal Act for the detention of a workhouse;