Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than four months.

Defendant

A.

A. Illegal sentencing of Defendant A and B

B. The prosecutor (the Defendants)’ unjust sentencing

2. Determination

A. The ex officio decision on Defendant B’s portion constitutes concurrent crimes as provided in the latter part of Article 37 of the Criminal Act with regard to “a crime for which a judgment to face imprisonment without prison labor or heavier punishment has become final and the crime committed before such judgment has become final and conclusive.” In this case, under Article 39(1) of the Criminal Act with regard to cases where a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act are to be sentenced at the same time, and where a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with the crime for which judgment has already become final and conclusive, a sentence shall not be imposed at the same time

According to the records, the following facts are acknowledged: (a) Defendant B was sentenced to a suspended sentence of two years on October 15, 2015 in the Changwon District Court Branch on October 7, 2015 to imprisonment for a crime of fraud; and (b) Defendant B, on March 31, 2017, committed each crime of fraud (a fraud against AF) committed before the final judgment rendered by the Busan District Court on March 31, 2017 after the final judgment (hereinafter referred to as “final judgment”) by imprisonment with prison labor for not less than one month; and (c) for each crime of fraud (a fraud against AG and Z) committed after the final judgment rendered on March 23, 2017, by being sentenced to imprisonment for not less than eight months; and (d) the said judgment becomes final and conclusive (hereinafter referred to as “final final judgment”).

Since the crime of fraud against AF among the final and conclusive judgment No. 2 is committed on February 28, 2014 by the day of the crime and before the final and conclusive judgment No. 1, Defendant B cannot be sentenced to a judgment simultaneously with the crime of fraud against K committed on May 8, 2015 and May 15, 2015, which was after the date of the final and conclusive judgment No. 2017, the date of the final and conclusive judgment No. 2014, May 8, 2015 (hereinafter “instant crime of fraud”).

Therefore, the instant crime of fraud is to be sentenced, or the punishment is to be mitigated or mitigated, taking into account the equity in the case of judgment at the same time with respect to AF among the final and conclusive judgment No. 2.