The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced to a suspended sentence of 2 months on July 2, 2009 to imprisonment with prison labor for 8 months in the Gwangju District Court's Nam Branch on July 10, 2009, and the above judgment became final and conclusive on July 10, 200. Since the crime of fraud for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after examining whether to reduce or exempt punishment in consideration of equity and cases where a judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, the

3. If so, 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.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence related to them are as follows: “The sentence of this case became final and conclusive on July 10, 2009 after having been sentenced to two years of suspension of execution on July 10, 2009 in the case of fraud in the Gwangju District Court's branch of the Gwangju District Court on July 2, 2009,” and except for adding “1. Investigation Report (Attachment to Judgment)” to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the facts behind sentencing Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act are confessions and reflects all of the crimes of this case. Since the crime of this case is a concurrent crime between fraud with the judgment on which the judgment became final and the latter part of Article 37 of the Criminal Act, Article 39 of the Criminal Act is concerned.