All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The summary of the grounds for appeal (unfair punishment) and the punishment of the first original judgment on the accused and the second original judgment on the accused are too unreasonable; and it is unfair that the punishment of imprisonment is too unreasonable;

2. Ex officio determination

A. According to the records, after examining ex officio concurrent crimes under the latter part of Article 37 of the Criminal Act, the defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court on March 17, 2016 and the above judgment became final and conclusive on May 24, 2016. As such, the crimes of fraud, etc. for which judgment has become final and conclusive and the crimes of the first instance judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where judgment is rendered at the same time under Article 39(1) of the Criminal Act. In this regard, the first instance judgment cannot be maintained.

B. Each appeal was filed against the first and second judgments of the court below, and this court decided to hold concurrent hearings. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained any more in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed in its entirety, and it is again decided as follows.

Criminal facts

Except for adding "the defendant was sentenced to six months of imprisonment for fraud, etc. at the Incheon District Court on March 17, 2016, and the above judgment became final and conclusive on May 24, 2016," the first main part of the judgment of the court of first instance is the same as the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment