The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below on September 18, 2015, prior to the judgment on the grounds for appeal by the defendant, the defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Seoul Southern District Court on September 18, 2015 and the above judgment became final and conclusive on the 26th day of the same month. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case are determined by the sentence after examining whether to reduce or exempt punishment in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting a crime and evidence admitted by this court is as follows. The first head of the judgment of the court below added "the defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court on September 18, 2015 and the above judgment became final and conclusive on September 26, 2015" to the first head of the judgment of the court below, and except for the addition of "1. previous records: Defendant's trial statement at the court below: Defendant's trial statement at the court below" to the last part of the evidence, it is identical to each corresponding column of the judgment of the court

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of fraud), Articles 234 and 231 of the Criminal Act (the point of uttering of private document), and each of the choice of imprisonment.