A defendant shall be punished by imprisonment for two years.

The defendant was sentenced to imprisonment with prison labor for two years and six months at the Seoul Northern District Court on June 24, 2016 and the above judgment became final and conclusive on June 24, 2016.

Therefore, the final and conclusive case and the instant case need to be determined at the same time in consideration of equity with the case where the judgment was rendered.

Nevertheless, the court below erred by misapprehending the legal principles since it imposed an excessive punishment.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

On November 26, 2015, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Seoul Northern District Court, and the Supreme Court dismissed the appeal on June 24, 2016, which became final and conclusive on June 24, 2016.

As above, the crime of fraud for which judgment has become final and conclusive is a concurrent crime under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime as stated in the judgment of the court below in consideration of equity in cases where it is judged simultaneously pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below

Thus, the defendant's appeal is reasonable, and the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and it is again decided as follows.

[The reasons for the judgment which was written] The summary of criminal facts and evidence against the defendant recognized by this court is that the judgment of the court below is identical to the corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to two and a half years and six months of imprisonment for fraud at the Seoul Northern District Court on November 26, 2015, and the judgment became final and conclusive on June 24, 2016" to "the summary of evidence" to "1.: Seoul Northern District Court Decision 2015Da753 Decided July 753, and Supreme Court Order 2016Do6929 Decided November 29, 201."