The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., 1.5 million won) of the lower court’s sentence (e., 1.5 million won) is too unhued and unreasonable.

2. According to the records of ex officio determination, on January 23, 2019, the Defendant was sentenced to six months of imprisonment as a crime of fraud in the first head of the crime in the Busan District Court’s Dong Branch, as stated in the judgment of the court below, and on May 10, 2019, the above judgment became final and conclusive (hereinafter “final judgment 1”), and on May 29, 2019, the Defendant was sentenced to one year and six months of imprisonment as a crime of fraud, etc. in the Busan District Court’s Dong Branch, and the said judgment became final and conclusive on September 23, 2019 (hereinafter “second final judgment”).

Fraud, etc. of the above second final judgment is committed prior to the date of confirmation of the first final judgment.

Therefore, in addition to the above fraud of the first head of the crime in the judgment of the court below, the punishment should be determined in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act, inasmuch as the defendant's crime of this case and the latter part of Article 37 of the Criminal Act are concurrent crimes

(see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008). In this respect, the lower judgment was no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

【The reason for the judgment in Dao-si] The criminal facts and the summary of the evidence admitted by the court below and the summary of the evidence are as follows. The first head of the judgment of the court below's original head "the defendant was sentenced to six months of imprisonment for a crime of fraud at the Busan District Court's Dong Branch's Branch's branch's branch's Busan District Court's branch's judgment on January 23, 2019, and the above judgment became final and conclusive on May 10, 2019." In addition, except for adding "In addition, the defendant was sentenced to one year and six months of imprisonment for a crime of fraud at the Busan District Court's branch's Busan District Court's branch's branch's branch's branch's branch'