The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

1. In light of the fact that the defendant repeats the same kind of crime and the risk of repeating a crime is high, the sentence of the court below (three months of imprisonment) is too unhued and unreasonable.

2. On August 17, 2018, the Defendant, ex officio, was sentenced to imprisonment with prison labor for a crime of fraud at the Suwon Friwon, and the said judgment became final and conclusive on September 5, 2018.

The crime of the judgment of the court below against the defendant and the crime of fraud against which the judgment of the court below became final and conclusive are concurrent crimes in relation to the latter part of Article 37 of the Criminal Act, and in accordance with the first sentence of Article 39 (1) of the Criminal Act, a punishment for the crime of the judgment of the court below shall be sentenced in consideration of equity in the case where the judgment is

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the facts constituting the crime of the judgment below, and the judgment of the court below became final and conclusive on September 5, 2018, when the defendant was sentenced to imprisonment with prison labor on August 17, 2018 at the Suwon Fagwon, as a crime of fraud.

“A previous conviction in the judgment of the court below” and “a prior conviction in the judgment of the court below” are added to the column for evidence, and all of the judgment below are the same as the corresponding columns in the judgment of the court below. As such, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The fact that the defendant was tried for the same kind of crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes, repeated the same crime, the majority of the victims and the victims have not been recovered, and the defendant had an attitude to recognize and reflect his mistake.