The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The summary of the grounds for appeal (two years and six months of imprisonment) declared by the court below is too heavy or too unhued (the defendant).

2. According to the data submitted in the instant trial proceedings, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on August 31, 2020, and the judgment became final and conclusive on September 8, 2020. The crime of fraud and each of the instant crimes, for which the judgment became final and conclusive, are in the concurrent crimes relationship under the latter part of Article 37 of the Criminal Act, and are determined by the sentence after considering equity among the cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence accordingly. Thus, the lower court, which did not consider this, cannot be maintained any further

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and the part of the court below's judgment except the compensation order, is reversed, and it is again decided as follows, without examining the grounds for ex officio reversal as above.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on August 31, 2020 and the judgment became final and conclusive on September 8, 2020" in the first head of the crime, and except for addition of "1. The previous conviction in the judgment: the progress of the case, and the judgment" in the last action following the last action of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, each of the following Articles:

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.