The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to six months) of the original judgment is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to a suspended sentence of seven months of imprisonment for fraud in the Daejeon District Court’s astronomical Branch on September 18, 2014, and the above judgment became final and conclusive on June 26, 2015, and the Defendant was guilty of the instant crime committed in the lower judgment prior to the final and conclusive judgment.

As above, the crimes for which judgment has become final and the instant crimes are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment by taking account of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.

3. 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, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The facts constituting a crime acknowledged by this court are as stated in the corresponding column of the judgment of the court below, with the exception of adding "the defendant was sentenced to imprisonment with prison labor for seven months from September 18, 2014 for fraud in the Daejeon District Court Branch of the Daejeon District Court for the first time on September 18, 2014, and the above judgment became final and conclusive on June 26, 2015"

Article 369 of the Criminal Procedure Act is quoted as it is.

Summary of Evidence

The summary of the evidence recognized by this Court is "1......., the Daejeon District Court Branch of the Daejeon District Court 2014Kadan993,

1. Except for the addition of "written judgment (Seoul District Court 2014No2761)", the description in the corresponding column of the judgment of the court below is the same;

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;