The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Before the judgment on the grounds of appeal on the grounds of appeal, the Defendant, ex officio, was sentenced to six months of imprisonment for fraud at the Incheon District Court on May 8, 2015, and the Defendant appealed, but the appeal was dismissed on August 13, 2015, and the judgment became final and conclusive on August 21, 2015. The above crime for which the judgment became final and conclusive and the crime against which the judgment was rendered are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of which the judgment was rendered by the lower court is determined at the same time, taking into account equity and taking into account mitigation or exemption pursuant to Article 39(1) of the Criminal Act, and subsequently, the lower judgment

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The defendant was sentenced to six months for fraud at the Incheon District Court on May 8, 2015, the defendant appealeds on August 13, 2015, but the above judgment became final and conclusive on August 21, 2015, although the appeal was dismissed on August 13, 2015," and "1. In addition to adding "the previous offense: Conet case search and judgment" to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is 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 crimes and Article 347 of the Election of Imprisonment;

1. The fact that the defendant is led to confession and reflects in the reasons for sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act, the fact that the defendant repaid 7.120,000 won to the victim, the fact that the defendant did not agree with the victim, the degree of deception is weak, and the defendant has other reasons.