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

However, for a period of two years from the date this judgment becomes final and conclusive.

2. According to the records of ex officio determination, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court on September 24, 2014, and the said judgment became final and conclusive on April 8, 2015. Since each crime of fraud as stated in the judgment of the lower court is in the relationship between the previous conviction of fraud for which the judgment has become final and the latter part of Article 37 of the Criminal Act, each crime of fraud as stated in the judgment of the lower court is in the relationship of concurrence

However, since the application of the law of the judgment below did not deal with concurrent crimes, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are as follows. The first head of the crime is to add "the defendant was sentenced to one year's imprisonment for fraud at the Seoul Central District Court on September 24, 2014, and the above judgment became final and conclusive on April 8, 2015." The summary of the evidence is as follows: 1. The criminal records in the judgment of the court of first instance is to add "the defendant's oral statement, investigation report (attached to the judgment) and judgment" to the corresponding column of the judgment of the court of first instance except for addition of "the defendant's oral statement, investigation report (attached to the judgment) and judgment.

Application of Statutes

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the favorable circumstances among the reasons for sentencing") is that the defendant made a confession and is against the victim.