The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

On August 8, 2018, the Defendant was sentenced to six months of imprisonment for fraud in Busan District Court’s Dong Branch Branch, which became final and conclusive on December 21, 2018. The above crime and the above crime of fraud, which became final and conclusive in the judgment of the court below, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the judgment of the court below in consideration of equity in cases where the judgment is to be rendered simultaneously in accordance with the former part of Article 39(

In this regard, in the trial of the party, the prosecutor changed the phrase “the criminal records” part 2 of the facts charged in the instant indictment against the Defendant into “a final and conclusive judgment on December 21, 2018, which became final and conclusive on August 8, 2018.” The prosecutor applied for the amendment of the indictment to add “Article 37 and Article 39(1) of the Criminal Act” to the applicable provisions of the Act, and the court permitted the amendment of the indictment.

In this respect, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's argument of unfair sentencing.

[C] The criminal facts recognized by this Court for criminal facts are identical to the corresponding column of the judgment of the court below, except for the following changes: (a) the term “criminal records” of the judgment of the court below was terminated; (b) the term “criminal records” of the judgment of the court below was changed to two parts of “criminal records” of the judgment of the court below; and (c) on August 8, 2018, the Busan District Court was sentenced to six months of imprisonment for fraud in the Dong branch branch branch of the Busan District Court, which became final and conclusive on December 21, 2018.”

Summary of Evidence

the court is authorized by this court.