The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the defendant was sentenced to a suspended sentence of two years in October for fraud at the Jeju District Court on August 28, 2020, and on November 26, 2020, the "KICS Integrated Inquiry Report" submitted by the prosecutor to the court on November 26, 2020 entered the date when the above judgment became final and conclusive as " November 24, 2020."

However, the defendant appealed against the above judgment rendered on August 28, 2020. On November 16, 2020, the appellate court rendered a decision to dismiss the appeal on the grounds that the defendant did not submit a written reason for appeal. On November 18, 2020, the above judgment became final and conclusive on the grounds that the period of immediate appeal was seven days after the delivery of the above decision to the defendant on November 18, 2020.

As the above judgment becomes final and conclusive, since each crime of the judgment of the court below against the defendant and the above crime of fraud for which judgment of the court below became final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Act, the punishment for each crime of the judgment of the court below should be imposed at the same time taking into account equity with the case where the judgment is to be rendered at the same time pursuant to the main sentence of Article 39 (1) of

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by the court is all of the facts constituting a crime in the judgment of the court below. The judgment of the court below became final and conclusive on November 26, 2020, when the defendant was sentenced to imprisonment with prison labor for ten months at the Jeju District Court on August 28, 2020 as a crime of fraud.

“1. Before the judgment, the summary of the evidence is as follows: “1. Before the judgment, the inquiry letter, such as criminal history, the text of the judgment (the Jeju District Court 2020 order 911) and the text of the decision (the Jeju District Court 2020 No. 712).”