A defendant shall be punished by imprisonment for not less than one year and six months.

10,500,000 won from the defendant.

A. Fact-finding misunderstanding (as to the fraud of the judgment of the court of first instance) the Defendant only received money from K in return for collecting materials necessary for the progress of the appellate trial without any statement the same as the criminal facts stated in the judgment of the court of first instance, and did not defraud K by deceiving it.

B. The punishment sentenced by each court below (the first instance court: imprisonment of 1 year and 3 months, additional collection of 10.5 million won, and the second instance court: 7 months) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. In light of the language, legislative purport, etc. of the latter part of Article 37 of the Criminal Act as to whether concurrent crimes exist after Article 37 of the Criminal Act, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, the relationship of concurrent crimes after Article 37 of the Criminal Act cannot be established, and the sentence cannot be imposed, or the sentence may not be mitigated or exempted, taking into account equity and the case where a judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do948, Oct. 27, 201; 2014Do469, Mar. 27, 2014). According to the records, each crime of the lower judgment committed by the Defendant before and after this court sentenced the Defendant to imprisonment for a period of eight months before May 28, 2015, which became final and conclusive by the Seoul District Court for 20.

Therefore, between the crime of May 28, 2015 and the crime of judgment of the court below which became final and conclusive, the relation of concurrent crimes cannot be established after Article 37 of the Criminal Code, and when a sentence is sentenced for a crime for which judgment has not been rendered among concurrent crimes, the crime and the crime for which judgment has become final and conclusive.