The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Summary of Reasons for appeal

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. According to the records of this case’s judgment ex officio and this court’s significant facts, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution on April 24, 2019 to a violation of the Act on the Regulation of Similar Receiving Acts at the Seoul Southern District Court, and the judgment on December 16, 2020 became final and conclusive on December 16, 200. On December 8, 2020, the Seoul Southern District Court was sentenced to 6 months of imprisonment for fraud and 2 years of suspended execution and became final and conclusive on December 16, 2020.

Therefore, the instant crime is a crime of violation of the Act on the Regulation of Similar Receiving Acts, etc. for which judgment has become final and conclusive, and a crime of concurrent crimes between the latter part of Article 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act, and the sentence should be imposed in consideration of equity with the case where judgment is rendered at the same time, so the judgment of the court below cannot be maintained

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the aforementioned grounds for reversal of authority. The judgment below is reversed and it is again decided as follows.

[Grounds for the new judgment] The summary of criminal facts and evidence recognized by the court is all criminal facts as stated in the judgment of the court below, and the judgment was finalized on December 16, 2020 after the defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution on April 24, 2019 to the violation of the Act on the Regulation of Similar Receiving Acts at Seoul Southern District Court, which was sentenced to 10 months of imprisonment and 2 years of suspended execution. On December 8, 2020, Seoul Southern District Court sentenced 6 months of imprisonment and 2 years of suspended execution to be criminal facts.

Except for the addition of “,” it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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