The judgment below

The part against the defendant shall be reversed.

As to the crimes of Articles 1 through 3 and 5 of the decision of the court below.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to 8 months and fine of up to 7 million won) of the lower court is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. According to the records, the defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court on October 24, 2019, and the above judgment became final and conclusive on December 17, 2019.

However, as above, the crime for which judgment has become final and conclusive and the crime of Articles 1 through 3 and 5 in the judgment of the court below [Provided, That in the case of the crime of Article 4 in the judgment of the court below, due to the judgment which became final and conclusive on February 21, 2019, it was not subject to the application of Article 39(1) of the Criminal Act since it could not be judged concurrently with the above crime of fraud, etc. (see, e.g., Supreme Court Decision 2008Do209, etc.)] are concurrent crimes under the latter part of Article 37 of the Criminal Act and should be sentenced to punishment for each crime in consideration of equity with the case where the judgment is to be rendered at the same time pursuant to the main sentence of

B. According to the records, since the remaining crimes except for the crimes of Article 4 of the judgment of the court below against the defendant, which became final and conclusive on February 21, 2019, and the crime of fraud, which became final and conclusive on December 17, 2019, and the latter part of Article 37 of the Criminal Act, are concurrent crimes with the crimes of Article 37 of the Criminal Act, the court below erred by dividing the crimes of Articles 1 through 3, and 5 as stated in the judgment of the court below, into the parts concerning the crimes of Article 4, and sentenced each punishment against the defendant, but the court below

In this respect, the entire part of the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court below against the defendant is reversed, and the arguments are as follows.