The judgment below

The part of each of the crimes in the Supreme Court Decision 2017Mo4827, 2018 Highest 2668, 2019 Highest 365 is reversed.

Summary of Grounds for Appeal

The lower court’s punishment [each of the crimes in the case No. 2017 Highest 4827, 2018 Highest 2668, 2019 Highest 365 in the original judgment (hereinafter “the crime No. 1 in the original judgment”) is deemed to be the crime.

(1) As to the Defendant, each of the crimes of the 2019 Godan2629 decided in the lower judgment (hereinafter “the crime of the 2nd judgment”) is deemed to be the crime of imprisonment with prison labor and six months.

(4) months of imprisonment with prison labor for the purpose of this section is so unreasonable that it is too unreasonable.

Judgment

In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act for ex officio determination of the crime No. 1 as to the decision of the court below, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that the sentence may not be imposed, or mitigated or exempted in consideration of

On the other hand, Article 38 of the Criminal Act is not applicable to several crimes which have not yet been adjudicated before and after the final judgment became final and conclusive, since there is no final and conclusive judgment on the grounds that the crimes committed before and after the final and conclusive judgment cannot be judged concurrently with the crimes for which the final and conclusive judgment became final and conclusive, among several crimes, the relation of concurrent crimes under the former part of Article 37 of the Criminal Act is recognized and Article 38 of the Criminal Act is not applicable.

(See Supreme Court Decision 2014Do469 Decided March 27, 2014). According to the records of this case, the crime No. 1 of the judgment of the court below was committed before the judgment of the defendant, who was sentenced to a suspended sentence of two years for a year of imprisonment in the Seoul Central District Court, becomes final and conclusive on April 27, 2018. However, the defendant was sentenced to a suspended sentence of two years for a crime of fraud in the Seoul Central District Court (2014Da9049) separately from the above criminal offense and was sentenced to a suspended sentence of two years for a year of imprisonment for a crime of fraud on February 17, 2015. The crime for which the judgment became final and conclusive on April 27, 2018 is committed before the judgment becomes final and conclusive on February 17, 2015.