A defendant shall be punished by imprisonment for six months.

2. According to the records of ex officio determination, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Daejeon District Court on April 16, 2015, and the above judgment became final and conclusive on June 23, 2015, and the Defendant committed the instant crime which was found guilty in the lower judgment prior to the final and conclusive judgment.

As above, the crimes for which judgment has become final and the instant crimes are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment by taking account of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.

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

Criminal facts

The facts constituting a crime acknowledged by this court are identical to the corresponding column of the judgment of the court below, except for the following changes: “The defendant was sentenced to three years to imprisonment with prison labor on October 23, 2014 at the Daejeon District Court for fraud, etc. and is still pending in the appellate trial trial” to “the defendant was sentenced to two years and six months to imprisonment with prison labor on April 16, 2015 at the Daejeon District Court for fraud, etc. and the above judgment became final and conclusive on June 23, 2015.”

Article 369 of the Criminal Procedure Act is quoted as it is.

Summary of Evidence

The summary of the evidence recognized by this Court is as shown in the corresponding column of the original judgment, except for adding "1. Case summary agreement meetings and auxiliary rulings" to the summary of the evidence of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the selection of criminal facts;