The judgment of the court below is reversed.

Of the lower judgment, the Defendant’s fraud was committed on March 1, 2020 against the Defendant on March 1, 2020.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is too unreasonable.

2. According to the records of ex officio determination, the defendant was sentenced to a suspended sentence of two years for a one-year imprisonment at the Seoul Central District Court on February 12, 2020 and the judgment became final and conclusive on February 20, 2020. The defendant's crime of fraud as of January 27, 2020 and February 3, 2020 against the defendant, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, since the above crime of fraud as of February 3, 2020 and the judgment of February 27, 2020, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act. The court below's decision in the judgment of the court below is that with respect to fraud as of January 27, 2020 and February 3, 2020, the defendant should not be sentenced to two separate crimes, taking into account equity with cases where the judgment becomes final and conclusive.

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 again decided as follows after oral argument.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 347(1) of the Criminal Act for criminal facts and the choice of punishment, respectively, Article 97 Subparag. 7, Article 30 of the Telecommunications Business Act, Article 330 of the Criminal Act, Article 319(1) of the Criminal Act for dealing with concurrent crimes (the point of intrusion upon a structure at night, the point of intrusion upon a structure, and the choice of imprisonment), and Article 39(1) of the Criminal Act for dealing with concurrent crimes becomes final and conclusive.