A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the Defendant was sentenced to a suspended sentence of four months imprisonment with prison labor at the Seoul Southern District Court on September 4, 2013, and the judgment became final and conclusive on September 12, 2013. The above crime of fraud and each of the instant crimes, for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined after examining whether to reduce or exempt punishment in consideration of equity with cases where the judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act. Thus,

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 after oral argument.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to one year of suspension of execution on September 4, 2013 in the Seoul Southern District Court's imprisonment with prison labor for a crime of fraud on September 4, 2013 and the judgment became final and conclusive on September 12, 2013" in the summary of the evidence, and except for adding "1. The previous conviction: the case search and the judgment" to the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is that the defendant has reached an agreement with the victim and that the defendant reflects his mistake, and the age, character, character and environment of the defendant.