The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In the event that a sentence is rendered with respect to the crime of this case by misunderstanding the legal principles, the court below suspended the execution of the sentence while sentenced the defendant to imprisonment without prison labor. The court below erred by misapprehending the legal principles as to the requirements for suspension of execution, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (two years of suspended sentence in October) is unreasonable as the sentence is too unhutiled.

2. In full view of the records of this case and the evidence duly adopted and examined by the court below as to the reasons for appeal, the defendant was released on April 30, 2007 and the remaining term of punishment was expired on July 22, 2007 while the defendant was released on June 22, 2006 after being sentenced to two years of imprisonment for fraud, etc. at the Jeju District Court on February 15, 2006. The facts that the crime of this case was committed on August 28, 2008 within three years from the date when the execution of this case was deemed to have been completed can be acknowledged.

Therefore, in the event that the court below sentenced a sentence to the crime of this case which was found guilty, the execution of the sentence cannot be suspended, but the court below suspended the execution of the sentence while sentenced to imprisonment with prison labor for the crime of this case. The court below erred by misapprehending the legal principles as to the grounds for disqualification for suspended execution, which affected the conclusion

3. In conclusion, the prosecutor's appeal is reasonable, and the prosecutor's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Regulation and punishment of criminal facts, such as relevant legal provisions and selective speculative acts, etc.;