The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

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

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasons for appeal by the defendant and the prosecutor ex officio prior to the judgment.

On February 8, 2018, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for fraud, etc. on May 25, 2018, and the said judgment became final and conclusive on May 25, 2018. The Defendant’s crime and the said fraud, etc., for which the judgment of the lower court rendered with respect to the Defendant, are concurrent crimes of a group after Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the lower judgment in consideration of equity with the case where the judgment

In this regard, the prosecutor sentenced the part of the charge of the instant indictment against the Defendant to “criminal records” on February 8, 2018 and sentenced the Defendant to imprisonment with labor for fraud, etc. at the Busan District Court on May 25, 2018.

It changed to “Article 37 of the Criminal Act,” and applied for permission to amend the Bill of Amendment to Bill of Indictment in addition to “Article 39(1) of the Criminal Act,” and this Court permitted this.

In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the above ex officio reversal grounds.

[Judgment] The criminal facts acknowledged by this Court constitute a crime, and the part of the judgment of the court below [criminal records] in the column of "criminal facts" was sentenced to imprisonment with labor for not more than one year at the Busan District Court on February 8, 2018 and the above judgment became final and conclusive on May 25, 2018.

Except for the change to “the pertinent column of the lower judgment,” it is identical to the description in the corresponding column of the lower judgment, thereby citing it as is by Article 369 of the Criminal Procedure Act.

(i) the evidence;