The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to 8 years of imprisonment with labor for a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, at the Seoul High Court on August 22, 2014, and the above judgment became final and conclusive on January 29, 2015. Since each crime of fraud in the judgment of the lower court is in a concurrent relationship with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the latter part of Article 37 of the Criminal Act, each crime of fraud

However, since the application of the law of the judgment below did not deal with concurrent crimes, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court is the first head of the crime, which was sentenced to the imprisonment of eight years from the Seoul High Court to the crimes such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc. of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

“A previous conviction in the judgment of the court of first instance” is added and the summary of evidence is as follows: “A previous conviction in the judgment of the court of first instance” is the same as the corresponding column of the judgment of the court of first instance except for the addition of “a defendant’s oral statement in the court of first instance”

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the judgment rendered on January 29, 2015 on the confessions made by the accused in the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.