The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The decision of the court below on the summary of the grounds for appeal (700,000 won of fine) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to the records, the defendant was sentenced to imprisonment with prison labor for a year and eight months at the Incheon District Court on June 13, 2019, and the above judgment was finalized on October 25, 2020.

As above, since the crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined at the same time in consideration of equity and equity in cases where judgment is to be rendered pursuant to Article 39(1) of the Criminal Act,

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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[C] The first head of the lower judgment’s criminal facts and the summary of evidence found by this court are as follows: (a) the Defendant was sentenced to imprisonment with prison labor on June 13, 2019 at the Incheon District Court for fraud, etc.; and (b) the judgment on October 25, 2020 became final and conclusive on October 25, 2020; and (c) thus, it is identical to each corresponding column. Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of fines, respectively;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the victim of the latter part of Article 39(1) of the Criminal Act exempted from punishment has agreed to pay 850,000 won to the victim, and the crime of this case is in the concurrent relationship between fraud for which judgment has become final and the latter part of Article 37 of the Criminal Act. In light of the content, timing