The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three months of imprisonment) is too unreasonable.

2. Before determining on the grounds for ex officio appeal, the record reveals that the Defendant was sentenced to imprisonment with prison labor for a period of four years from the Busan District Court (No. 2017No. 3881) on June 22, 2018, and the judgment on June 30, 2018 became final and conclusive.

Since each crime of the judgment of the court below against the defendant and the above crime of fraud, etc. for which judgment of the court below became final and conclusive, in relation to the concurrent crimes of the latter part of Article 37 of the Criminal Act, a punishment for each crime of the judgment of the court below shall be sentenced in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with the main sentence of

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

【Inasmuch as a new judgment was rendered, the first head of the crime committed on June 22, 2018 and the summary of the evidence was determined on June 30, 2018 by the Busan District Court sentenced the Defendant to four years of imprisonment for fraud, etc.

“1. A previous conviction in the judgment of the court below” is the same as the description of each corresponding column of the judgment of the court below, except for adding “1. A prior conviction in the judgment of the court below: a criminal defendant's statement at the court below, a reply to inquiry, such as the defendant's criminal history, a report on the results of confirmation of the previous conviction in each disposition, the search of the Supreme Court Na case, and the judgment of the court of first instance” to the summary of

Application of Statutes

1. Article 231 of the Criminal Act applicable to the crime and Article 231 of the choice of punishment (the point of Article 231 of the Private Document, the choice of imprisonment), Articles 234, 231 of the Criminal Act (the point of exercising the above investigation document, the choice of imprisonment), and Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment, etc.).