The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

On October 17, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Daegu District Court Port Support, and the said judgment became final and conclusive on June 4, 2019.

The crimes of this case against the defendant and the above crimes for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes of this case shall be sentenced in consideration of equity in the case of concurrent crimes under the former part of Article 39(1) of the Criminal

In this regard, the prosecutor added to the facts charged in the indictment of this case against the defendant in the trial of the party, "the defendant of criminal records was sentenced to imprisonment with prison labor for one year and six months from the Daegu District Court Port Branch on October 17, 2018 to the above judgment became final and conclusive on June 4, 2019", and applied for permission to amend the indictment to add "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to the applicable provisions of law, and this court permitted this.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and it is again decided as follows, without examining the grounds for ex officio reversal as above.

[Discied reasoning of the judgment below] Criminal facts acknowledged by this court are identical to the corresponding column of the judgment below, except for adding "a defendant of criminal records was sentenced to imprisonment with prison labor for one year and six months from the Daegu District Court Port Branch on October 17, 2018 to "the above judgment became final and conclusive on June 4, 2019" to the first head of the judgment below's "criminal facts". Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

(e).