The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

1. In light of the fact that the defendant's summary of the grounds for appeal is against the defendant and that the defendant has reached an agreement with the victim, the punishment imposed by the court below against the defendant (ten months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Daegu District Court on October 23, 2012, sentenced to six months of imprisonment for fraud and two years of suspended execution, can be recognized as having become final and conclusive on May 6, 2013.

As the crime of this case is related to the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court below is to add "the defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for fraud at the Daegu District Court on October 23, 2012, and the judgment became final and conclusive on May 6, 2013" to the main part of the evidence, and except for adding "1. criminal records: case search and copy: copy of the judgment" as stated in each corresponding column of the judgment of the court below, and thus, it is to be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the number of offenses in the instant case is bad and the amount of fraud is not good.