The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to a suspended sentence of one year on May 19, 2006 at the Suwon District Court for fraud on January 24, 2013, and the judgment became final and conclusive on February 1, 2013 (hereinafter “first prior conviction”), and was sentenced to a suspended sentence of one year on July 14, 2009 at the Suwon District Court for perjury as of January 14, 2009 at the Suwon District Court (hereinafter “second prior conviction”), and the said judgment became final and conclusive on July 9, 2009 (hereinafter “second prior conviction”). From October 10 to November 22, 2012 at the Suwon District Court, the Defendant was sentenced to imprisonment on November 28, 2013 and became final and conclusive on April 29, 2014 (hereinafter “the judgment”).

According to the above facts of recognition, since the crime of fraud of this case was committed which was committed before the date of the final judgment of the Class III and the latter part of Article 37 of the Criminal Act are concurrent crimes, the court below determined the punishment of this case after considering equity in cases where the judgment is rendered simultaneously with the Class III prior to the final judgment pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment. The court below did not take such measures. On the other hand, the crime of this case was committed after the final judgment of the Class II prior to the final judgment of the Class II, and the crime of this case and the crime of this case cannot be deemed to be concurrent crimes under the latter part of Article 37 of the Criminal Act. Thus, the court below determined the punishment of this case in consideration of equity in cases where the judgment is made simultaneously with the Class III prior to the final judgment of the Class II prior to the final judgment of the judgment of the Class II prior to the final judgment.

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