The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment and two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, prior to the judgment on the assertion of unfair sentencing by authority, the record reveals that according to the above judgment, the Defendant, who was sentenced to imprisonment on November 26, 2015 with prison labor for one year and eight months at the Cheongyang Branch of the Jung-gu District Court, was sentenced to criminal fraud on July 8, 2016, the above judgment became final and conclusive on July 8, 2016. Since each offense in the judgment of the lower court is in the relation of the crime of fraud, for which the judgment has already become final and conclusive and the latter part of Article 37 of the Criminal Act concurrently conflicts with each other under Article 39(1) of the Criminal Act

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced on November 26, 2015 to one year and eight months by imprisonment with prison labor for fraud at the order of the Jung-gu District Court's Goyang branch on July 8, 2016," and the summary of the evidence is to include "1.................. the criminal records in the judgment of the court in the last part: the inquiry report (A), case summary information inquiry, and copy of the decision" as stated in each of the corresponding parts of the judgment of the court below, except for addition of "a.....................

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 234 of the Criminal Act, Article 234 of the Criminal Act, the choice of criminal facts.