The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Ex officio determination

A. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if 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, the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and the sentence shall not be imposed, or mitigated or remitted, in consideration of equity and equity with which judgment is concurrently rendered pursuant to

(See Supreme Court Decision 2014Do469 Decided March 27, 2014, etc.). B.

On June 7, 2018, the lower court sentenced the Defendant to eight months of imprisonment for fraud at the Seoul Central District Court on March 22, 2019, which became final and conclusive on March 22, 2019. Therefore, the lower court rendered a judgment on the crime of fraud as determined by the lower court by applying Article 39(1) of the Criminal Act by deeming that the crime of fraud and the said judgment, which became final and conclusive, are

C. However, according to the records of this case, on July 21, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and the judgment became final and conclusive on February 20, 2018.

(hereinafter “The first final and conclusive judgment”). However, the crime of final and conclusive judgment mentioned in the preceding B (hereinafter “the second final and conclusive judgment of this case”) is committed on June 10, 2016, which was prior to the final and conclusive judgment of this case, throughout the period from July 28, 2016.

Meanwhile, in a case where each individual criminal act, which is a single comprehensive crime, was committed over the period before and after a final judgment of another crime, such crime is not divided into two crimes, and is completed at the time of the last criminal act which is a final judgment after the final judgment (see, e.g., Supreme Court Decision 2002Do5341, Aug. 22, 2003). The judgment of the court below that was committed over the period from October 201 to June 11, 2018 was completed on June 11, 2018, which was the first final judgment of this case.

Therefore, the crime of fraud in the judgment of the court below is of this case.