The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

【Judgment on Grounds for Appeal】

1. As to the summary of the reasons for appeal, the defendant asserts that the defendant is too unreasonable to be sentenced to imprisonment (one year and six months of imprisonment), and the prosecutor asserts that it is too uneasible and unjust.

2. Before examining the judgment on the grounds for appeal, the record reveals that the Defendant appealed six months from the Seoul Southern District Court sentenced him/her to imprisonment for fraud, etc. on August 11, 201, but the appeal was dismissed on December 8, 2011. After then, the detention was revoked on the ground that he/she was detained for a period equivalent to the above sentence on December 14, 201. On February 9, 2012, the appeal was dismissed and the judgment became final and conclusive, and the Defendant committed the instant crime within three years from the date when the above judgment became final and conclusive, and the Defendant committed the instant crime. The lower court determined that the Defendant was sentenced to a repeated crime under Article 35 of the Criminal Act with respect to the instant crime committed within three years after the execution of the sentence was completed within the scope of the sentence imposed, but it was erroneous in the misapprehension of the sentence and thereby affecting the conclusion of the judgment.

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

[Grounds for the judgment of the court below] The summary of the facts constituting an offense and evidence against the defendant recognized by the court below and the summary of the facts charged are as stated in the corresponding column of each judgment of the court below, except where "the defendant appealed from the Seoul Southern District Court on August 11, 201, which was sentenced to six months of imprisonment for fraud, etc., but the appeal was dismissed on December 8, 201, and later, the detention was revoked on the ground that the defendant was detained for a considerable period of time equivalent to the above sentence on December 14, 2011, and the appeal was dismissed on February 9, 2012 and the above judgment became final and conclusive."