The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio before determining the grounds for appeal by the defendant.

According to the evidence duly adopted and investigated by the trial court, the defendant was sentenced to eight months of imprisonment with prison labor for fraud, etc. in the Suwon District Court's Ansan Branch on October 6, 2015, and the judgment became final and conclusive on October 14, 2015.

Therefore, in the above crime of fraud, etc. for which judgment has become final and conclusive and each crime in the judgment of the court below against the defendant is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each crime in the judgment of the court below should be sentenced in consideration of equity

Therefore, the judgment of the court below cannot be maintained as it is.

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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[C] A summary of the facts constituting an offense and evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced to eight months of imprisonment on October 6, 2015 in the Suwon District Court's Ansan Branch's assistance on October 14, 2015 and the judgment became final and conclusive on October 14, 2015," and the summary of the evidence is the same as the corresponding column of the judgment of the court below, in addition to adding "a copy of the judgment: the judgment of the court of first instance" to "a copy of the judgment: the judgment of the court of first instance" as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment for a crime

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.