The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant’s statement made at the court of first instance on May 18, 2018 can be acknowledged that the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Busan District Court on July 20, 2018 and the judgment became final and conclusive on July 20, 2018. As above, the crime of fraud, etc. for which judgment became final and conclusive and the crime of this case is in the concurrent relationship between the latter part of Article 37 of the Criminal Act and the crime of this case, taking into account equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and thus, the lower judgment cannot be maintained in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and facts found by the court and the summary of the evidence are as follows. The execution of the crime was terminated.

“The execution was terminated,” and on May 18, 2018, the Busan District Court sentenced ten months of imprisonment for fraud, etc., and the judgment became final and conclusive on July 20, 2018.

“Along with the addition of “the Defendant’s oral statement at the trial” in the preceding sentence in the summary of the evidence as “ro, June 17, 2017,” three parallels of conduct to “ June 7, 2017,” and the addition of “the Defendant’s oral statement at the trial” in the preceding sentence in the summary of the evidence, it is identical to each corresponding column of the lower judgment. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (i.e., fraud, etc. committed on September 2, 2015)

1. The latter part of Article 37 of the Criminal Act to deal with concurrent crimes: Provided, That the first part of Article 39(1) (the above crime and the judgment have become final and conclusive on May 18, 2018), such as fraud.