The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant and his defense counsel withdrawn the assertion of mistake of facts on the second trial date of the appellate trial.

The punishment (two years of imprisonment) imposed on the defendant by the court below is too unreasonable.

According to the evidence evidence Nos. 1 through 2-4, which ex officio examined ex officio prior to the judgment on the grounds for appeal of ex officio, the defendant was sentenced to five years and six months of imprisonment for fraud at the Seoul High Court on June 9, 2017, and the judgment became final and conclusive on September 7, 2017. Thus, the crime of fraud for which judgment became final and conclusive is related to concurrent crimes after Article 37 of the Criminal Act and the crime of this case must be sentenced in consideration of equity in cases where judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained further.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are ① The first head of the facts constituting the crime in the judgment of the court below, which was sentenced on June 9, 2017 by the Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on September 7, 2017.

Article 369 of the Criminal Procedure Act provides that “(1) previous convictions in the judgment” shall be added to the summary of the evidence, and that “(2) previous convictions in the judgment of the court below shall be cited in accordance with Article 369 of the Criminal Procedure Act, except for addition of “B”.

Application of Statutes

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

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, but the crime of this case on the grounds of sentencing of Article 39(1) is forged by the defendant, such as a food materials supply contract and goods contract.