A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

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

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. According to the records of ex officio determination, the Defendant was sentenced to one year of imprisonment with prison labor, etc. at the Busan District Court on May 21, 2015 and the above judgment became final and conclusive on October 30, 2015. The above crime and the above crime of fraud, etc., for which the judgment of the court below against the Defendant became final and conclusive on October 30, 2015, shall be sentenced to punishment for each crime of the judgment of the court below against the Defendant in consideration of equity with the case of concurrent determination at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act, since the judgment of the court below cannot escape.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the Defendant’s criminal facts and evidence recognized by this court is the first head of the “criminal facts” column of the sentence 2 of the lower judgment, and the judgment on October 30, 2015 became final and conclusive on May 21, 2015 after having been sentenced to imprisonment for one year, etc. at the Busan District Court on May 21, 2015.

“A previous record as indicated in the judgment of the court below” and “a summary of evidence” column of “a summary of the fourth page” are as indicated in each corresponding column of the judgment of the court below, except for addition of “a cotenet case search (Supreme Court Decision 2015Do14569), each copy of each decision (Seoul District Court Decision 2013 High Court Decision 9623 and No. 2015No. 1537), and a copy of each decision (Supreme Court Decision 2015Do14569). As such, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 352 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act (the point of attempted fraud) regarding criminal facts, Article 315 of the Criminal Act, and the Criminal Act.