Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

2. According to the records of ex officio judgment, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Eastern District Court on February 3, 2016, and the judgment became final and conclusive on February 12, 2016. Thus, the crime of the Defendant and the above crime against which the judgment of the court below rendered against the Defendant became final and conclusive on February 12, 2016 are concurrent crimes in relation to the latter part of Article 37 of the Criminal Act, and should be sentenced at the same time in consideration of equity with the case where the judgment is to be rendered at the same time under the proviso of Article 39(1) of the Criminal Act, but the

3. Therefore, the court below's decision is reversed, and the part of the judgment below excluding the compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence acknowledged by the court, among the reasoning of the judgment below, are as follows: “Criminal facts” in the first head of the judgment below, “The Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Eastern District Court on February 3, 2016 and the judgment was finalized on February 12, 2016 after being sentenced to a two-year suspended sentence for fraud.

Except for the addition of “the pertinent column of the lower judgment,” it is identical to the description in the corresponding column of the lower judgment, thereby citing it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: (a) the reason for sentencing under Article 39(1) of the Criminal Code is that the circumstances favorable to the defendant (the defendant recognized the facts of the crime of this case and reflects his mistake in depth; and (b) the case of judgment at the same time as the judgment becomes final and conclusive for the crime of this case should be considered.