A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court against the accused (one year of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and

(see, e.g., Supreme Court Decisions 2010Do15253, Jan. 13, 201; 2012Do9295, Sept. 27, 2012). According to the records, the Defendant was sentenced to imprisonment for four months on May 30, 2014, with prison labor for a total of two times from Sungnam branch court Sung-nam branch court, and 5,70,000 won, and the above judgment became final and conclusive on September 5, 2014. Thus, the crime for which the said judgment became final and conclusive is concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.

3. Accordingly, 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, and the judgment below is again decided as follows through pleading.

[Grounds for the judgment of the court] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "Submission of reference materials to the prosecution of the court below" to the summary of the evidence, which is all the criminal facts as stated in the judgment of the court below. The defendant's criminal facts and the summary of the evidence are four months of imprisonment with prison labor for the purpose of fraud in Sung-nam branch of the Suwon District Court on May 30, 2014.