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The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be punished by imprisonment for four months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.
2. Ex officio determination
A. Relevant legal principles “a crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive” constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act shall be sentenced in consideration of equity in cases where a judgment
Meanwhile, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, 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, it is reasonable to interpret that the sentence may not be imposed, or the sentence may not be mitigated or exempted, taking into account equity and equity in cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). (b) According to the reasoning of the lower judgment and the record, each of the aforementioned crimes committed on August 25, 2015; (i) October 14, 2015; and (ii) November 12, 2015, each of the above crimes committed by a defendant who was sentenced one year prior to the final and conclusive sentence of imprisonment with prison labor of 10 years, 2016, etc.
Therefore, between fraud, etc. of which judgment was rendered on October 29, 2016 and each of the instant frauds of this case, the relationship between the latter part of Article 37 of the Criminal Code cannot be established, and when a sentence is imposed on a crime for which judgment has not been rendered among the concurrent crimes.