The judgment of the court below is reversed.

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

1. The grounds for appeal (unfair punishment) by the lower court (one year and four months of imprisonment) is too unreasonable.

2. According to the prosecutor’s submission of the search list and judgment of the Supreme Court ex officio reversed according to the final judgment, and reference materials as of March 6, 2019, the defendant is found to have been sentenced to ten months of imprisonment for fraud and two years of suspended execution at the Seoul Southern District Court on October 25, 2018 and the judgment became final and conclusive on November 2, 2018, and one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul East East District Court on February 15, 2019, and two years of suspended execution and became final and conclusive on February 23, 2019.

The criminal facts of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act with each of the above crimes for which punishment has become final and conclusive, and the punishment shall be determined in consideration of equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the

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 assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal of the judgment below.

[Along with the reasoning of the judgment in the Seoul Southern District Court on October 25, 2018, the judgment became final and conclusive on November 2, 2018. On February 15, 2019, the Seoul East East District Court sentenced 1 year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul East District Court on February 15, 2019. The judgment became final and conclusive on February 23, 2019." 1. In the part of the summary of the evidence, the judgment was stated as the corresponding column of the judgment of the court below, except for the addition of the "the search list and judgment of the Supreme Court" to the part of the summary of the evidence. Thus, this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;