The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The decision of the court below (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) which is too unreasonable to keep the gist of the grounds for appeal;

(2) On August 8, 2011, according to the records of ex officio determination, the Defendant, at the Incheon District Court, sentenced 1 year of suspended execution, 2 years of social service, 160 hours of imprisonment for fraud, can be acknowledged as having been finally affirmed on December 24, 2011.

As the crime of this case is related to the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

The judgment of the court below which did not take such measures shall no longer be maintained.

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

Criminal facts

The summary of the facts charged and evidence admitted by this court is as follows: "The defendant was sentenced to 2 years of suspended execution, 160 hours of community service, and that judgment became final and conclusive on December 24, 2011 at the Incheon District Court on August 8, 201," in the first part of the facts charged of the judgment of the court below, and the summary of the evidence was added "1.............. criminal records: criminal records, such as criminal records, etc., inquiry of the case, and three copies of the judgment of the court" as stated in the corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 of the Criminal Act dealing with concurrent crimes.