The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below is too unreasonable to punish the defendant as to the summary of the grounds for appeal.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records, the defendant was sentenced to six months of imprisonment on August 13, 2019 with prison labor on the charges of attempted fraud, etc. at the Goyang Branch of the Jung-gu District Court, which became final and conclusive on November 15, 2019. The crime of this case is in concurrent crimes between the crime of attempted fraud, etc. for which the above judgment became final and conclusive and the latter part of Article 37 of the Criminal Act are concurrent crimes under Article 39(1) of the Criminal Act. Therefore, the judgment of the court below is no longer maintained in this respect.

3. In conclusion, 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.

【Discied Judgment of the court below, the summary of the facts constituting a crime and evidence recognized by this court is added to all the facts constituting a crime of the court below, “the defendant was sentenced to six months of imprisonment with prison labor on August 13, 2019 due to an attempted attempted fraud, etc. from the High District Court Goyang Branch of the Jung-gu District Court, which became final and conclusive on November 15, 2019.” The above judgment was stated on November 15, 2019, and the summary of the evidence was as stated in the corresponding column of the court below, except for addition of “any significant facts in this court: it is identical to each corresponding

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, a judgment is rendered simultaneously with the fact that the defendant's reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize the crime and reflects the mistake, and the crime of attempted fraud in the judgment.