The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant was sentenced to imprisonment for three years and six months at the Gwangju District Court on December 12, 2017, and the judgment becomes final and conclusive around that time. In determining the instant punishment, the lower court erred by misapprehending the legal principles, even though the punishment could be mitigated or exempted by applying Article 39(1) of the Criminal Act, it did not err by misapprehending the legal principles.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. According to the Supreme Court’s inquiry records and each written judgment, the Defendant, on December 12, 2017, was sentenced to imprisonment with prison labor for three years and six months at the Gwangju District Court for fraud, and such judgment became final and conclusive on the 20th of the same month.

If so, each crime of the judgment of the court below and the crime of fraud for which judgment of the court below has become final are the concurrent crimes of the latter part of Article 37 of the Criminal Code, and the punishment for the above crime shall be sentenced by taking into account the equity in the case where the judgment is to be rendered simultaneously pursuant to Article 39

Therefore, the judgment of the court below that determined the punishment without applying Article 39 (1) of the Criminal Code can not be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below is reversed, and it is so decided as follows.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by this court is all criminal facts [criminal records], and the judgment was finalized on December 12, 2017 on the 20th of the same month after the defendant was sentenced to imprisonment for three years and six months at the Gwangju District Court for fraud.

“Prior convictions in the summary of the evidence” is the same as the corresponding column of the lower judgment, except for the addition of the “written inquiry records of the Supreme Court case and each written judgment” in the summary column of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;