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

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to one year of imprisonment with labor for fraud, etc. on January 24, 2017 at the wooden Branch of the Gwangju District Court, and the judgment became final and conclusive on May 26, 2017. Accordingly, inasmuch as each crime of the lower judgment against the Defendant and the above fraud, etc. for which judgment became final and conclusive, a punishment shall be determined in consideration of equity with the case where a judgment is to be rendered simultaneously pursuant to the first sentence of Article 39(1) of the Criminal Act in relation to concurrent crimes after Article 37 of the Criminal Act, the lower judgment cannot be maintained.

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

Criminal facts

The summary of the facts constituting a crime recognized by this court and the summary of the evidence thereof are as stated in each corresponding column of the lower judgment, except for adding “the Defendant was sentenced to one year to imprisonment with prison labor on January 24, 2017 at the Gwangju District Court Branch Branch Branch of the Gwangju District Court on January 24, 2017 and the said judgment became final and conclusive on May 26, 2017,” thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the Defendant had been punished several times in the year 2016 by committing a fraudulent act identical to each of the instant crimes, and is disadvantageous to the Defendant.

On the other hand, each of the crimes in this case is against the defendant's recognition of all of the crimes in this case.