The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

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

According to the records, the defendant was sentenced to two years of imprisonment for fraud from the Suwon District Court on June 16, 2016, and the above judgment became final and conclusive on January 24, 2018.

Therefore, each crime of the judgment of the court below against the defendant is in the relation of a concurrent crime between the above crime of fraud for which judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, and the punishment should be imposed at the same time, taking into account the equity between the case where the judgment is to be rendered and the case where the punishment is to be rendered. Since the court below sentenced the punishment without considering this, the judgment of the court below

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 improper assertion of sentencing, and it is so decided as follows.

[Judgment in its entirety] The summary of facts constituting a crime and evidence recognized by this court is after the judgment of the court below was rendered on June 16, 201 and the judgment was finalized on January 24, 2018 after the defendant was sentenced to two years of imprisonment for a crime of fraud in Suwon District Court’s Pyeongtaek District Court’s Housing Site.

“A previous conviction in the judgment of the court below” is added (from the 13th to the 14th line), and except for the addition of “a prior conviction in the judgment of the court below” to “a summary of evidence” in the 2nd sentence of the judgment of the court below, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act, since it is identical to each corresponding column of the judgment of the court below.

Application of Statutes

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of booms after Article 37 of the same Act:

1. The former part of Article 37 of the Criminal Code, and Article 38.