The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

A. According to the records, on August 12, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. and a fine of 12 million won and one million won at the Seoul Central District Court on October 10, 2016, and the judgment became final and conclusive on October 10, 2016. On November 11, 2016, it can be recognized that the Defendant was sentenced to six months of imprisonment with prison labor for fraud, and that the judgment became final and conclusive on December 26, 2017. Each of the crimes against the Defendant in the judgment of the lower court are both in the concurrent crimes between both fraud, larceny, etc., for which the judgment became final and conclusive as above and the group of crimes after Article 37 of the Criminal Act are concurrent crimes under the main sentence of Article 39(1) of the Criminal Act, and thus, the Defendant has to be sentenced to punishment for the crimes in consideration of equity with the case where all these crimes are adjudicated at the same time (see, e.g., Supreme Court Decision 2008Do9, etc.

B. In addition, Article 153 of the Criminal Act provides that a person who committed perjury shall be mitigated or exempted from punishment when he/she makes a confession before the judgment in the above case becomes final and conclusive, and since there is no restriction on the procedure of confession, it shall be included not only in voluntary confession against an investigative agency, but also in solid confession by examination conducted by a court or an investigative agency as the defendant or suspect of the perjury case (see Supreme Court Decision 2008Do656, Sept. 25, 2008, etc.). According to the records of the case, the defendant appeared as a witness of the case on July 3, 2015 as stated in the facts charged of this case and testified as if he/she committed a fraudulent act solely, but also in his/her perjury against the defendant on November 22, 2016.