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

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

According to the records of this case, on April 30, 2015, the Defendant was sentenced to a suspended sentence of four months for fraud at the Seoul Western District Court on April 30, 2015 and the said judgment became final and conclusive on May 8, 2015.

The final and conclusive judgment and each of the judgments of the lower court shall be sentenced to punishment for the crimes committed by the lower court in consideration of equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act with regard to concurrent crimes provided for in the latter part of

Therefore, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence admitted by this court is as follows: (a) except for adding “the defendant was sentenced to a suspended sentence of one year for a period of four months at the Seoul Western District Court on April 30, 2015, and the above judgment became final and conclusive on May 8, 2015,” to the head of the criminal charge column of the original judgment, the summary of the facts constituting a crime is identical to each corresponding column of the original judgment, and thus, it is cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

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

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act in handling concurrent crimes are as follows: (a) on January 9, 2015, the Defendant, at the Seoul Western District Court, sentenced the Defendant to a suspension of the execution of imprisonment for six months for fraud; and (b) on January 17, 2015, the said judgment became final and conclusive on January 17, 2015, and was during the suspension of the execution of the said judgment, but,

In addition, the defendant's judgment against the victim up to the trial of the court.