The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. According to the records, it is recognized that the Seoul High Court sentenced the defendant to four years of imprisonment on February 12, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and dismissed the appeal on April 14, 2016, and the judgment became final and conclusive. As such, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of this case, which became final and conclusive, are in the concurrent relation between the latter part of Article 37 of the Criminal Act and the crime of this case should be sentenced in consideration of equity with the case where the judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal Act, so the judgment of the

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) add “the final appeal was dismissed on April 14, 2016 and its judgment became final and conclusive” to the middle part of the second part of the facts charged; and (b) add “1. prior records” to “the summary information inquiry and each written judgment” to the part of the “1. prior records” of the summary of the evidence, the summary of the judgment below is as indicated in each corresponding column; and (c) thereby, it is cited in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Although the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes became final and conclusive after the pronouncement of the lower judgment on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the lower court's sentencing has already been recorded in the lower court, as stated in the attention.