The judgment of the court below is reversed.

Defendant is punished by imprisonment with prison labor for 10 months and the original judgment for each crime of 2018 Godan6522 decided in the original judgment.

1. The gist of the reasons for appeal is that the punishment of the original judgment (one year and six months of imprisonment) is too unhued and unreasonable.

2. We examine ex officio the Prosecutor’s grounds for appeal prior to the judgment.

On October 22, 2014, the Seoul High Court sentenced 10 months of imprisonment with prison labor for fraud, and 2 years of suspended execution on October 30, 2014. On February 4, 2015, the Seoul Central District Court sentenced 6 months of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act and 2 years of suspended execution, and the judgment became final and conclusive on April 7, 2015. On October 15, 2015, the Suwon District Court sentenced 8 months of imprisonment with prison labor for fraud and 2 years of suspended execution, which became final and conclusive on October 23, 2015. On July 12, 2018, the Prosecutor applied for permission of change from Suwon District Court to permission of change.

The crime of fraud established on October 30, 2014 and the crime of Type 1 in the 2019 Highest 281 case as indicated in the holding of the lower court, which was established on April 7, 2015, and the crime of fraud established on October 23, 2015, and the crime of Type 2 in the 2019 Highest 281 case as indicated in the holding of the lower judgment, are determined by taking into account the equity between fraud established on July 20, 2018 and the concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the lower court that made only a single sentence becomes unable to maintain.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by this Court and summary of evidence are the first head of the judgment of the court below.