The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. According to the reasoning for appeal by the Defendant, prior to the judgment on the grounds for appeal by the Defendant, the Defendant was sentenced on March 24, 2016 at the Seoul Northern District Court, with the sentence of one year and eight months of imprisonment, eight months of imprisonment, and two months of imprisonment, respectively, on April 7, 2016, and the judgment becomes final and conclusive. The judgment of the lower court on the Defendant is in the concurrent relationship between each of the above crimes of fraud for which one year and eight months have become final and conclusive and the latter part of Article 37 of the Criminal Act, and the crime of fraud should be sentenced in consideration of equity and at the same time under Article 39(1) of the Criminal Act. Therefore, the lower judgment cannot be maintained further.

3. Therefore, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[C] The summary of the facts constituting a crime and evidence admitted by this court is as follows: "The defendant was sentenced to five months of imprisonment with prison labor at the Busan District Court on December 18, 2009 and completed the enforcement of the sentence on July 17, 2010; on November 28, 2012, the Seoul Southern District Court sentenced two years of suspended sentence to six months of imprisonment with prison labor at the Seoul Southern District Court on December 6, 2012; on November 28, 2014, the judgment became final and conclusive; on November 28, 2014, two years of imprisonment with prison labor and four months of imprisonment with prison labor at the Seoul High Court on February 12, 2015; on March 24, 2016, the judgment of the court below became final and conclusive by each of the relevant Articles 3 and 4 of the Criminal Procedure Act, with the exception of imprisonment with prison labor at the Seoul Southern District Court on July 24, 2016; and each of the relevant evidence."