The judgment below

According to the reasoning of the first instance judgment maintained by the lower court and the reasoning of the first instance judgment, the lower court acknowledged the fact that the Defendant was sentenced to imprisonment on June 12, 2017 at the Seoul Central District Court to be a crime of fraud on June 20, 2017, which was after the instant crime, and the judgment became final and conclusive on June 20, 2017. The instant crime and the crime for which the said judgment became final and conclusive are in the relationship of concurrent crimes after

On the other hand, under Article 39(1) of the Criminal Act, it is apparent that the first instance court sentenced to punishment for the instant crime was maintained in its entirety by taking account of equity in cases where the instant crime and the said crime, for which judgment became final and conclusive, are concurrently rendered, under Article 39(1) of the Criminal Act, and thus, it cannot be accepted the allegation in the grounds of appeal to the effect that misunderstanding the legal principles

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.