The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the court below (four months of imprisonment) is too unfunied and unfair.

2. According to the evidence duly adopted and examined by the court below, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months for fraud in the Jeonju District Court Gunsan branch on December 16, 2009, and the judgment was finalized on June 23, 2010 by the same court on June 23, 2010, which became final and conclusive, and the sentence of the suspension of the execution became null and void on January 20, 2012, which was not more than three years after the completion of the execution of the last sentence in the Jeonju prison on July 29, 2014, which was less than three years after the completion of the execution of the last sentence in the Jeonju prison, and thus, the judgment of the court below was null and void, and thus, it became impossible to maintain this point.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the following decision is made through oral argument.

Criminal facts

The summary of the facts constituting a crime and its evidence acknowledged by this court are as follows. The part of the criminal records stated in the first head of the judgment of the court below in the crime column of the court below was "the defendant was sentenced to a two-year period of imprisonment for a crime of fraud in the Jeonju District Court's military support on December 16, 2009, and on June 23, 2010, the same court was sentenced to a one year and three months of imprisonment for a crime of fraud, etc. and the judgment became final and conclusive in the same court on June 23, 2010, and the execution of the sentence was terminated in the Jeonju prison on January 20, 2012. On April 21, 2014, a fine of three million won for a crime of fraud, etc. at the Sungju District Court's Sungnam Branch Branch branch on September 18, 2014, to a fine of one million won from the Jeonju District Court on November 5, 2014.