The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

1. The summary of the grounds for appeal is unreasonable since the sentence of the lower court (one and half years of imprisonment, and two years of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendants may be found to have been sentenced to ten months of imprisonment for fraud at the Incheon District Court on June 19, 2014, which became final and conclusive on October 17, 2014.

Since the Defendants’ crime of this case is related to the crime subject to the above final judgment and the latter concurrent crimes as prescribed in the latter part of Article 37 of the Criminal Act, the Defendants’ punishment should be determined after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained.

3. Thus, the court below's decision is reversed under Article 364 (2) and (6) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court below is to add "the defendant was sentenced to ten months of imprisonment with prison labor for fraud at the Incheon District Court on June 19, 2014, and the judgment became final and conclusive on October 17, 2014" to the summary of the evidence, except for adding "1. Previous conviction: the Incheon District Court's High Court's 2013 High Court's 8579 Case Search, and the Incheon District Court's 2013 High Court's 8579 High Court's 2013 High Court's 8579 Court's decision" to the summary of the evidence,

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment

B. Defendant B: Articles 347(1) and 30 of the Criminal Act (the point of joint fraud, the choice of imprisonment), and Article 347(1) of the Criminal Act (the point of single fraud and the choice of imprisonment)

1. Defendants who handle concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Defendants among concurrent crimes: the former part of Article 37 of the Criminal Code.