A person shall be punished by imprisonment for two months with prison labor for the crime of paragraph (1) of the table of crime committed by the defendant.

2. Ex officio determination is Finin.

According to the records, the Defendant, at the Seoul Central District Court on August 30, 2012, sentenced to imprisonment for a crime of fraud at the Seoul Central District Court for two years and six months, and on November 17, 2012, recognized the fact that the judgment became final and conclusive.

However, since the crime under paragraph (1) of the same Article among the crimes in this case was committed before the above judgment becomes final and conclusive, the above crimes for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined at the same time in accordance with Article 39(1) of the Criminal Act, and after considering equity and examining whether to reduce or exempt punishment, the judgment of the court below did not take into account this,

3. 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, on the grounds of ex officio reversal as above, and the following decision is rendered through pleadings.

Criminal facts

In addition to adding "the defendant is sentenced to imprisonment with prison labor for two years and six months at the Seoul Central District Court on August 30, 2012, and the judgment has become final and conclusive on November 17, 2012," the summary of facts and evidence acknowledged by this court is the same as the corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Paragraph (1) of Article 347 of the Criminal Act (Fraud) and Paragraph (1) of Article 111 of the Attorney-at-Law Act ( Violation of the Attorney-at-Law Act) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in grave frauds);

1. Selection of each sentence of imprisonment;

1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning the treatment of concurrent crimes (the crimes No. 504, Dec. 1, 200; hereinafter referred to as "crimes

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.