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

A. The punishment sentenced by the lower court (three months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine ex officio prior to determining the grounds for appeal by the Defendant and the prosecutor.

According to the records, on November 13, 2012, the defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Seoul Southern District Court for six months, and the judgment became final and conclusive on April 12, 2013.

Therefore, as the crime of fraud and the crime of fraud in the judgment of the court below against the defendant for which judgment has become final and conclusive is a concurrent crime under the latter part of Article 37 of the Criminal Act, the punishment for each crime in the judgment of the court below should be sentenced in consideration of equity in the case of concurrent judgment

Therefore, the judgment of the court below cannot be maintained as it is.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[C] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the facts constituting a crime are as follows: "The defendant was sentenced to four months of imprisonment and one year of suspended execution for a crime at the Seoul Southern District Court on September 18, 2014 and the judgment became final and conclusive on September 26, 2014" in the part of the judgment of the court below [criminal records] "The defendant was sentenced to two years of suspended execution for six months of imprisonment at the Seoul Southern District Court on November 13, 2012 and became final and conclusive on April 12, 2013, and was sentenced to two years of suspended execution for a crime of fraud at the Seoul Southern District Court on April 12, 2013, and was sentenced to one year of suspended execution for four months of imprisonment for a crime on September 18, 2014, and the judgment became final and conclusive on September 26, 2014." This shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;