The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation in the trial of the party shall be dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, and 200 hours of community service order) of the lower court is deemed unreasonable.

2. According to the records of this case’s ex officio determination, the Defendant appealed on August 23, 2019, for the crime of fraud, embezzlement, fabrication of private documents, and uttering of a falsified document at the Goyang Branch of the District Court, which was sentenced to imprisonment for a period of two years and six months. However, on November 21, 2019, the Defendant did not file an appeal after having been sentenced to dismissal by the District Court of the Republic of Korea on November 29, 2019, which became final and conclusive on November 29, 2019.

As above, each of the crimes in the judgment of the court below against the defendant which became final and conclusive and the defendant is concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, since punishment for each crime should be sentenced in consideration of equity in the case of judgment at the same time as the crime for which judgment has become final and conclusive (Article 39(1) of the Criminal Act), the judgment of the court below 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 prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal as seen earlier, 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 as follows: “Defendant shall be sentenced to imprisonment for two years and six months with prison labor for the crime of fraud, embezzlement, fabrication of private documents, and uttering of falsified documents in the senior part of the facts constituting the crime at the Goyang Branch of the District Court on August 23, 2019; and the judgment became final and conclusive on November 29, 2019 upon the dismissal of the appeal at the District Court of Jung-gu District on November 21, 2019; and “the main part of the evidence” is as stated in each corresponding column of the lower judgment except for addition of the Defendant’s statement at the trial court at the same time as stated in each corresponding column of the lower judgment.

Application of Statutes

1. Article 347 of the Criminal Act of this Act concerning criminal facts.