The judgment of the court below is reversed.

The crimes of the first and second crimes in the judgment of the defendant shall be punished by imprisonment with prison labor for eight months and the third crimes in the judgment of the defendant.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) of the lower court is unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the defendant was examined ex officio on May 21, 2009, and the judgment was finalized on May 29, 2009 after having been sentenced to two years of imprisonment with prison labor for six months at the Seoul Southern District Court on May 29, 2009. On February 18, 2011, the Seoul Southern District Court sentenced ten months of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on February 22, 2011. Each fraud constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act and each of the instant crimes including fraud for which the judgment became final and conclusive, and each of the instant crimes constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, and since September 18, 2010 also constitutes concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the mitigation of punishment or exemption of punishment should be determined separately after considering equity.

In this respect, each judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the following decision is made after oral argument.

Criminal facts

On May 21, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for embezzlement at the Seoul Southern District Court for six months, and the judgment was finalized on May 29, 2009. On February 18, 2011, the Seoul Southern District Court sentenced ten months of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on February 22, 2011.

The Defendant, from July 2007 to February 2008, operated a mobile phone agency belonging to the KT Chungcheong Distribution Headquarters with the name of C from July 2007 to February 2, 2008, became aware of the victim E who operated D belonging to the same KT Chungcheong Distribution Headquarters.

At the time, the defendant was well aware of the agency's operation, and there was no good financial circumstance, such as the debt amounting to approximately KRW 300 million.

1. The Defendant around November 2007, Seoul.