The judgment of the court below is reversed.

As to the crime Nos. 1 and 2 of the judgment of the defendant, it shall be sentenced to imprisonment for 4 months, and the judgment No. 3 of the judgment.

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. We examine ex officio the records of this case. On July 6, 2018, the defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for six months at the Seoul Northern District Court on July 14, 2018 and the judgment became final and conclusive on July 14, 2018. Thus, the crime of subparagraph 3 of the judgment below against the defendant and the above crime of fraud for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where the judgment is rendered at the same time in accordance with Article

Therefore, even though crimes Nos. 1 and 2 of the decision of the court below and No. 3 of the decision of the court below should be imposed separately, the court below erred in imposing a single punishment, and therefore, the judgment of the court below cannot be maintained as they are.

3. Thus, 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 again decided as follows, after oral argument.

【Defendants who are the first sentence of the lower judgment’s criminal facts and the summary of the evidence are as follows: “The person who was sentenced to a stay of execution on July 6, 2018 at the Seoul Northern District Court to six months for criminal fraud, which was sentenced to a suspension of execution on July 14, 2018, and who became final and conclusive on July 14, 2018,” and “1. A previous conviction in the judgment: (a) an investigation report (as shown in the judgment, etc.) and an investigation report (as stated in the judgment attached)” are as stated in each corresponding column of the lower judgment, except where “the criminal facts and the summary of the evidence are added to the summary of the evidence.” As such, they are cited

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Mitigation of mental illness, which was amended by Act No. 15982, Dec. 18, 2018.