The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one month.

1. The grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. According to the records of the search list and judgment of the Supreme Court reversed ex officio in accordance with the final judgment, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Eastern District Court on July 13, 2017 and the judgment became final and conclusive on January 19, 2018. The crime of this case is in the relation of concurrent crimes with each of the above crimes for which punishment becomes final and conclusive, and the crime of this case is in the relation of concurrent crimes after Article 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained any longer.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is ruled as follows through pleading.

【Grounds for the judgment in Seoul Eastern District Court sentenced the Defendant to eight months of imprisonment for fraud, etc. on July 13, 2017, and the judgment became final and conclusive on January 19, 2018.

“1. Previous conviction in the judgment of the Supreme Court” in the main part of the evidence, except for the addition of “1. Before the judgment: The search slip and the judgment of the Supreme Court” to each corresponding column of the judgment of the court below, this shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes shall be taken into account the number of reasons for the punishment and the records of the same crime. However, most of the damages have been recovered, but more than one year and six months have passed since the date of the occurrence of the damages, and equity in cases where a judgment was rendered simultaneously with the final and conclusive judgment.