A defendant shall be punished by imprisonment for six months.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

According to the evidence duly adopted and investigated by the trial court, the defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court on July 15, 2016, and the judgment became final and conclusive on September 28, 2016.

Therefore, the punishment for the crime of fraud and the crime in the judgment of the court below against the defendant for which the judgment of the court below became final and conclusive shall be imposed in consideration of equity in the case where the judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained as it is.

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 unreasonable sentencing, on the ground that there is a ground for ex officio reversal as seen above.

[C] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows. The "criminal facts" of the judgment of the court below is as follows: "The defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Northern District Court on July 15, 2016 and the judgment became final and conclusive on September 28, 2016"; and "a summary of evidence" is as stated in the corresponding column of the judgment of the court below, except for addition of "1........ copy of the judgment: copy of the judgment and the subsidiary agreement of the case" as stated in the corresponding column of the judgment of the court below as it is in accordance with Article 369

Application of Statutes

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

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

1. Among concurrent offenders, the defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act recognize and reflects the crime of this case.