The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the record reveals that the defendant was sentenced to imprisonment with prison labor for eight months at the Gwangju District Court on March 31, 2017 and the decision became final and conclusive on January 18, 2018.

Since the crime of fraud for which judgment has become final and conclusive and the crime of this case is in a concurrent relationship with the latter part of Article 37 of the Criminal Act, a sentence shall be imposed in consideration of equity and equity in cases where judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, the judgment of the court below

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing. The judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was sentenced to imprisonment with prison labor for eight months at the Gwangju District Court on March 31, 2017 and the judgment was finalized on January 18, 2018.

With the exception of adding "," it is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is not good in light of the methods of the instant crime and the amount of fraud, etc., but the Defendant recognized and reflected the instant crime, and agreed to pay the amount of damage to the victim in full at the time of the trial.

In addition, the judgment becomes final and conclusive in the case where the judgment was rendered at the same time as that of fraud.