The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The sentencing of the lower court (one million won penalty) is too unreasonable, which is the gist of the grounds for appeal.

2. According to ex officio records, the Defendant was sentenced to four months of imprisonment for fraud at the Daegu District Court on July 20, 2018, and the Defendant’s judgment became final and conclusive on July 28, 2018.

Since the above crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of this case shall be sentenced in consideration of equity and the concurrent crimes pursuant to Article 39(1) of the Criminal Act.

The judgment below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the defendant's improper assertion of sentencing, and it is again decided after pleading.

[Re-written judgment] The first head of the charge room for criminal facts and summary of evidence was sentenced to imprisonment with prison labor for four months at the Daegu District Court on July 20, 2018, and the judgment became final and conclusive on July 28, 2018.

Except for the addition of “,” the same as the corresponding column of the lower judgment.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the circumstances, attitudes, degree and degree of the crime in this case and the principle of equity shall be considered when a judgment is rendered concurrently with the crime in which judgment becomes final and conclusive);