The judgment below

The remainder, excluding a compensation order, shall be reversed.

Defendant’s imprisonment with prison labor for eight months and fine for 3,00.

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months and the fine of three million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the records of this case show that the defendant was sentenced on January 20, 2014 to 8 months imprisonment with prison labor for fraud, etc. at the Daejeon District Court on January 20, 2014, and on January 28, 2014, on which the above judgment became final and conclusive on January 28, 2014. As such, inasmuch as fraud, etc. for which judgment became final and conclusive and each of the crimes of fraud as stated in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after considering equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act,

3. As seen above, the remaining parts of the judgment of the court below, except for the compensation order, are reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and this is reversed under Article 364 (2) of the Criminal Procedure Act, and this decision

【Reasons for the Judgment, which was written in 201, the Defendant added “The Defendant was sentenced on January 20, 2014 to 8 months of imprisonment with prison labor for fraud and on January 28, 2014 at the Daejeon District Court sentenced on January 20, 2014, which became final and conclusive on January 28, 2014.” The summary of the evidence is the same as each corresponding column of the judgment of the court below except for adding “the Defendant’s oral statement and judgment” to “the Defendant’s oral statement and judgment” as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act for the crime and the choice of punishment (the fraud, the imprisonment with prison labor for the fraud of the victim C, and the fraud of the victim D), respectively;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes