The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. On August 24, 2017, after ex officio determination, the defendant was sentenced to six months of imprisonment for a crime of fraud at the Seoul Eastern District Court on August 24, 2017 and the judgment became final and conclusive on March 19, 2018. The crime of the judgment of the court below against the defendant and the above crime for which the judgment of the court below became final and conclusive on March 19, 2018 are concurrent crimes in relation to a group after Article 37 of the Criminal Act, and must be sentenced in consideration of equity in the case where the judgment is to be rendered simultaneously under Article 39(1) of the Criminal

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment below is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by the court below is as follows: (a) add “the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on August 24, 2017, and the said judgment became final and conclusive on March 19, 2018” to “a summary of evidence” as stated in the column of “1. A criminal record: output of the date of confirmation of criminal justice evasion, and a copy of each judgment (Evidence 13, 14, and 15 of the evidence list)” as stated in the corresponding column of the court below’s judgment; (b) thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the crime of this case with the reason for sentencing of Article 39(1) is likely to add the grade of the defendant to the national meritorious service;

The defendant is not sufficient to commit the crime by deceiving the money from the damaged person, such as the fact that the money is stolen.