The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (6 months of imprisonment and 2 years of suspended sentence) is deemed to be too uneasy and unfair.

2. According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment for fraud in the Seosan Branch of the Daejeon District Court on January 16, 2015, and one year of suspended execution, and the above judgment became final and conclusive on September 19, 2015, and the Defendant committed the instant crime which was found guilty in the lower judgment before the above judgment becomes final and conclusive.

As above, in the crime for which judgment became final and the instant crime are concurrent crimes after Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration 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 in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The facts constituting a crime acknowledged by this Court are as stated in the corresponding column of the lower judgment, except for the following: “The Defendant was sentenced to six months of imprisonment for a crime of fraud in the Seosan Branch of the Daejeon District Court on January 16, 2015, and one year of suspended execution, which became final and conclusive on September 19, 2015,” in the first head of the facts constituting a crime in the lower judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Summary of Evidence

The summary of the evidence admitted by this Court is as follows: “1. Each of the judgment of the court below (St. Seosan Branch of Daejeon District Court 2014 High Court 629 High Court 2014 High Court 629 High Court 2015No 375, 2015)”

1. Except for addition of “the instant search output”, the judgment of the court below is as indicated in the corresponding column.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.