The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court is too unreasonable.

2. According to the records of ex officio determination, ① the Defendant was sentenced to ten months of imprisonment for a crime of fraud in Busan District Court’s Dong Branch on December 2, 2015 and the judgment became final and conclusive on April 16, 2016 (hereinafter “the first final and conclusive judgment”); ② the Defendant, on October 10, 2018, was sentenced to two months of imprisonment and four months of imprisonment for each crime of fraud in the Busan District Court’s Dong Branch Branch branch branch branch branch, and the judgment became final and conclusive on January 19, 2019 (hereinafter “the second final and conclusive judgment”); ③ the part of the final and conclusive judgment, which was sentenced to two months of imprisonment prior to the date on which the final and conclusive judgment became final and conclusive; and the part which was sentenced to four months of imprisonment for a final and conclusive judgment among the crimes of the second final and conclusive judgment, and each of the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) in this case, may be recognized.

Therefore, inasmuch as the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) in each of the instant cases is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act, a sentence shall be imposed in consideration of equity in cases where a concurrent judgment is rendered pursuant to the former part of Article 39(1) of the Criminal Act. As such, the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in each of the instant cases constitutes a case in which a sentence of imprisonment with labor for not more

(see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). In this respect, the lower judgment cannot be maintained as it is.

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

【Grounds for the Judgment of the Supreme Court】 Criminal facts and summary of evidence recognized by the court.