We reverse the judgment of the court below.

Defendant shall be punished by a fine of KRW 80,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., e., e., e., g., e., g., e., e., e., g., e.,

2. Ex officio determination

A. The first and second original judgments against the defendant in the consolidated trial were sentenced to each of them, and the defendant filed an appeal against the first and second original judgments, and the court decided to hold the above two cases together.

Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.

B. According to evidence duly adopted and examined by this court, the defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on October 24, 2018, and the judgment became final and conclusive on February 26, 2019.

Since the crime of fraud in which the first and second court judgment and the judgment have become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each crime of the first and second court shall be sentenced in consideration of equity in cases where the judgment is to be held simultaneously in accordance with the main sentence of Article 39(1) of the Criminal Act, so the first and second court judgment cannot be maintained in this respect.

3. As the judgment of the court of first and second trials on the grounds of the above ex officio reversal, 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, and the judgment is again rendered as follows.

【The reason for the judgment in Dao case】 The defendant was sentenced to imprisonment with labor for a crime on October 24, 2018 at the Busan District Court for eight months, and the judgment became final and conclusive on February 26, 2019.

【Criminal Facts】

On March 15, 2018, the Defendant: (a) around 17:00 on March 17, 2018, the victim C in Busan-gu, Busan-do used one hour for filling a mobile phone; (b) paid KRW 4,000 to the victim; and (c) paid the victim KRW 4,00,000.