The judgment of the court below is reversed.

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

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court on December 17, 2015, and the judgment became final and conclusive on May 4, 2016. The above crime and the crime that the judgment of the court below, which became final and conclusive, are in the relation of concurrent crimes by a group after Article 37 of the Criminal Act, and are in the relation of concurrent crimes by a group under Article 39(1) of the Criminal Act, and are determined by the court below after considering equity and consideration of mitigation or exemption, and thus, the judgment of the court below cannot be maintained any further.

3. In conclusion, 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 below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is the first head of the judgment of the court below that "the defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court on December 17, 2015, and the judgment became final and conclusive on May 4, 2016.

“A previous conviction in the judgment of the Supreme Court: 1. It is identical to the description of each corresponding column of the judgment of the court below, except for the addition of “a prior conviction in the judgment of the Supreme Court” in the column of evidence, and 369 of the Criminal Procedure Act is cited as it is.

Application of Statutes

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

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes provided that Article 39(1) of the same Act does not make any effort to recover damage even though the amount of damage in the instant case reaches KRW 140 million, and there was a record of having been punished by a fine for the same crime in 2014. However, the instant case is in the concurrent crime relationship between fraud for which the judgment became final and the latter part of Article 37 of the Criminal Act.