All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor for not more than ten months against the original judgment.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence of the lower court against the Defendant (the first instance judgment: the fine of one million won, the second instance judgment: the fine of three million won, the third instance judgment: the fine of four million won, and the fourth instance judgment: the imprisonment of ten months) is too unreasonable.

2. Ex officio determination

A. According to the records, prior to the judgment on the grounds for appeal by the defendant for concurrent crimes under the latter part of Article 37, the defendant was sentenced to six months of imprisonment for fraud in the Seogsan Branch of the Daejeon District Court on September 27, 2011 and the above judgment became final and conclusive on October 5, 201. In such a case, the crime for which the judgment imposing imprisonment without prison labor or heavier punishment became final and each crime of the judgment of the court below in the judgment of the second instance committed before the judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 (1) of the Criminal Act, and the punishment shall be determined at the same time under the latter part of Article 39 (1) of the Criminal Act, taking into account equity and taking into account mitigation or exemption of the punishment. Thus, the second judgment that did not take

B. The concurrent crimes in the former part of Article 37 also filed an appeal against each of the judgment below, and the court of the first instance decided to hold concurrent hearings of each of the above appeal cases. Each of the offenses in the judgment of the court below in the first, third, and fourth is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, each of the judgment below against the defendant cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged against the defendant recognized by the court and the summary of the evidence.