The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The term "a crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive" falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act, and in such cases, a punishment shall be imposed in consideration of equity in cases where a crime which has not been adjudicated among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime

Meanwhile, in light of the latter part of Article 37 and the legislative purport of Article 39(1) of the Criminal Act, where a crime for which judgment has not yet become final and conclusive could not be judged concurrently with the crime for which judgment has already become final and conclusive, the sentence of punishment shall not be imposed, or the sentence shall not be mitigated or exempted, taking into consideration equity and equity (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to a suspended sentence of four months for fraud from the first branch of the Chuncheon District Court on December 17, 2014 to April 25, 2014 (hereinafter “instant judgment”), and the Defendant may be deemed to have become final and conclusive by having been sentenced to a suspended sentence of imprisonment with labor for not more than two years from the first half of the judgment on December 23, 2015 to 214 (hereinafter “the instant judgment”).

Therefore, the crime of the second judgment is a case where the judgment cannot be sentenced simultaneously with the crime committed after the date on which the first judgment becomes final and conclusive.

Nevertheless, the lower court, pursuant to Article 39(1) of the Criminal Act, punish the crimes committed in the judgment of the lower court, which were committed before the second judgment becomes final and conclusive after the date of the final judgment of the lower court, taking into account the equity between the crimes of the judgment of the second instance and the