The judgment of the court below is reversed.

As to the crime No. 1 of the judgment of the court below, the defendant is sentenced to imprisonment of one year and four months, and No. 2 of the judgment of the court below.

1. The decision of the court below (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records of this case, the defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Western District Court on November 16, 2010 and the above judgment became final and conclusive on July 14, 2011. The crime of subparagraph 1 and the above crime of fraud, etc., for which judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act. Since the crime of subparagraphs 2 and 3 in the judgment of the court below is a crime after the above judgment becomes final and conclusive, the punishment for the crime of Articles 1 and 2 and 3 in the judgment of the court below shall be separately determined

Nevertheless, since all of the crimes in the judgment of the court below are deemed concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is made through oral argument.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence admitted by this court is as follows: "The defendant was sentenced to one year of imprisonment with prison labor at the Seoul Western District Court on November 16, 201 and completed the execution of the sentence on January 1, 201" in the first and second criminal facts of the judgment below. "The defendant was released on June 13, 2007 from Incheon District Court on December 24, 2007 and the remaining term of the sentence was expired on January 20, 208, and the execution of the sentence became final and conclusive on July 14, 201 after being sentenced to one year of imprisonment with prison labor for fraud, etc. by the Seoul Western District Court on November 16, 2010.

Execution of sentence is premised on the confirmation of judgment, and pre-trial detention is not execution of sentence immediately, and the defendant is not execution of sentence.