The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and

(See Supreme Court Decision 2010Do15253 Decided January 13, 2011, etc.). According to records, the Defendant was sentenced to two months of imprisonment with prison labor at the Incheon District Court on April 30, 2015, and the judgment became final and conclusive on May 8, 2015. Thus, the crime for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.

3. Accordingly, 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 below is again decided as follows through pleading.

Criminal facts

Criminal facts and the summary of evidence admitted by the court in this case are "criminal records of the first head of the crime in the judgment of the court below" shall be sentenced to 6 months of imprisonment with prison labor for larceny, etc. at the Incheon District Court on May 30, 2014 and 1.5 million won of fine for the same year.

6. 22. The execution of the above punishment was terminated, and on April 30, 2015, the Incheon District Court sentenced two months to imprisonment for fraud, etc., and the judgment became final and conclusive on May 8, 2015.

In addition to the change to "the original judgment, it is identical to each corresponding column of the original judgment, and thus, it is true in accordance with Article 369 of the Criminal Procedure Act.