The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. In light of the gist of the defendant's appeal grounds (unfair sentencing) that recognized the defendant's error and reflects the defendant's fault, and that the victim M, J and H deposited the amount of damage for the victim N and did not want the defendant's punishment, the court below's sentence of imprisonment for a period of eight months is too unreasonable.

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

According to the Defendant’s statement at the trial court, the Defendant was sentenced to a suspended sentence of two years in the sixth month of imprisonment for fraud at the Cheongju District Court on February 2, 2017, and the judgment became final and conclusive on February 10, 2017.

However, the instant crime of fraud, as seen above, was in the relationship between fraud for which judgment has become final and the latter part of Article 37 of the Criminal Act, and the relationship between the latter part of Article 39(1) of the Criminal Act, and after considering equity with the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the punishment, the lower court did not take such measures

3. 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 the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant are as follows: "The defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Cheongju District Court on February 2, 2017, and the judgment became final and conclusive on February 10, 2017" in the criminal facts. The summary of the evidence added "1. The defendant's oral statement at the trial on February 10, 201" to the summary of the evidence as stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.