The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Southern District Court on October 30, 2017 and the judgment became final and conclusive on July 30, 2018. As such, the crime of fraud, etc., for which the judgment became final and conclusive, is in a concurrent relationship under the latter part of Article 37 of the Criminal Act, and the crime of this case is determined after considering equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence, and thus, the lower judgment cannot be maintained any further.

3. Accordingly, 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.

【The reason why the judgment was rendered in Dao] Criminal facts and summary of evidence recognized by this court is the first head of the "criminal facts" as stated in the judgment of the court below, and the "criminal facts" as stated in the judgment of the court below shall be cited as they are in accordance with Article 369 of the Criminal Procedure Act, except where "the defendant was sentenced to one and a half years of imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court on October 30, 2017, and the judgment became final and conclusive on July 30, 2018."

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The crime of this case on the grounds of the latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Procedure Act concerning concurrent crimes is committed by deceiving the victim by deceiving the defendant that the defendant will contribute to a pro rata broadcast program on the basis that the defendant operates an entertainment planning company.