The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. According to the judgment ex officio (the concurrent crimes of the latter part of Article 37 of the Criminal Act), the records show that the defendant was sentenced to four months of fraud and larceny from the Incheon District Court Branch Branch of the Incheon District Court on November 3, 2016, and the judgment became final and conclusive on December 31, 2016. As such, the crime of fraud, larceny, and larceny, of which judgment became final and conclusive as above, shall be sentenced in consideration of equity with the case where a judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act, since the crime of fraud, larceny, and the judgment of the court below is in concurrent crimes after Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained.

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 grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

On November 3, 2016, the first head of the lower judgment on the summary of the evidence, “The Defendant was sentenced to four months of imprisonment with prison labor for fraud and larceny from the Busan District Court’s Branch Branch on the grounds of fraud and larceny, and the judgment became final and conclusive on December 31, 2016.

In addition, “1. Barnet search results” is added at the bottom of the summary of the evidence, and it is identical to each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 366 of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act, and the choice of imprisonment with prison labor, respectively;

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are recognized and against all the criminal facts, and the amount of fraud and damage are not large.