The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. The gist of the grounds for appeal is that the respective punishment of the lower court (the first instance judgment: imprisonment with prison labor for 6 months and the second instance judgment: imprisonment with prison labor for 1 month) is too unreasonable.

2. The judgment of the court below against the defendant in the judgment of ex officio is sentenced to the judgment of the court below, and the defendant filed an appeal against this case, and this court decided to hold concurrent hearings. The crime of the court below 1 and 2 against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes under Article 38(1) of the Criminal Act must

In addition, according to the records, the defendant was sentenced to imprisonment with prison labor for not less than one year and six months at the Jeonju District Court on June 21, 2018 and the judgment becomes final and conclusive on October 31, 2018. The above crime of fraud, etc. against the defendant, which became final and conclusive on October 31, 2018, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, shall be sentenced to punishment for each crime of Article 39(1) of the Criminal Act in consideration of equity with the case where the judgment is simultaneously rendered pursuant

In this regard, the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.

3. As such, the part of the judgment of the court of first instance and the judgment of the court of second instance on the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part on the defendant among the judgment of the court of first instance and the judgment of the court of second instance are reversed, and the following is again decided

【Grounds for the Judgment of the court of first instance concerning the facts constituting a crime and the summary of the evidence admitted by the court of first instance as well as the summary of the facts constituting a crime in the judgment of the court of first instance, except for the addition of “the defendant was sentenced to imprisonment with prison labor for not less than one year and six months at the Jeonju District Court on June 21, 2018 and his judgment became final and conclusive on October 31, 2018” to the defendant in the first head of the judgment of the court of first instance.