The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.

2. Ex officio determination

A. On July 5, 2013, the lower court determined that the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Incheon District Court for six months on July 5, 2013, and the judgment became final and conclusive on July 13, 2013. Since the instant criminal facts were the crimes before the judgment became final and conclusive, the lower court deemed that there was a single concurrent crime after Article 37 of

The judgment was made at the same time with a final judgment, and the sentence was imposed in consideration of equity in the case of judgment.

B. In light of the language, legislative intent, etc. of the latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act, where a crime for which judgment has not yet become final and conclusive cannot be judged concurrently with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that the relationship of concurrent crimes cannot be established after Article 37 of the Criminal Act, and that punishment cannot be imposed in consideration of equity in cases where judgment is to be concurrently rendered pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2014Do469, Mar. 27, 2014). According to the records, the defendant was sentenced to imprisonment with prison labor for six months before January 13, 2012 and after two years have been sentenced to a suspended sentence of imprisonment for a crime for which judgment has not yet become final and conclusive on May 23, 2013 (hereinafter referred to as "one criminal conviction"), and (3) the fact that the judgment was finally and conclusive on July 23, 2013.

Even if one person cannot be sentenced to two or more criminal records for his/her previous offense, he/she shall be sentenced to one penalty.

Therefore, regarding the instant crime, the relationship between the latter part of Article 37 of the Criminal Act and the latter part of the Criminal Act cannot be established.