The judgment of the court below is reversed.

The crime of Article 1 of the judgment of the defendant shall be punished by imprisonment with prison labor for 6 months and Article 2 of the judgment.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment with prison labor for the crime No. 1 in the market, and fines of KRW 3,00,000 for the crime No. 2 in the holding) is too unreasonable.

2. Ex officio determination

A. The term “a crime for which a judgment to punish with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive” falls under concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, where a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act are concurrently adjudicated and a crime for which judgment has not been rendered shall be sentenced in consideration of equity, and where a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that

(See Supreme Court Decision 2012Do9295 Decided September 27, 2012, and Supreme Court Decision 2013Do12003 Decided May 16, 2014, etc. (see, e.g., Supreme Court Decisions 2012Do9295, Sept. 27

According to the evidence duly admitted and examined by the court below, the following facts are recognized:

1) On January 13, 2010, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daegu District Court on January 13, 201, and the judgment became final and conclusive on March 25, 2010 (hereinafter “(i) prior conviction”).

(2) On February 6, 2015, the Daegu District Court sentenced six months of imprisonment for fraud to a suspended sentence of one year on May 21, 2016, which became final and conclusive on May 21, 2016 (hereinafter referred to as “second prior conviction”).

(3) On January 18, 2018, the same court was sentenced to two years of imprisonment for fraud, etc. and its judgment became final and conclusive on September 18, 2018 (hereinafter “third prior conviction”) (hereinafter “third prior conviction”).

(4) On October 25, 2019, the same court was sentenced to ten months of imprisonment for a crime of fraud, etc. and its judgment became final and conclusive on November 4, 2019 (hereinafter referred to as “non-permanent crime”).

(2) The crime of criminal records is ① the crime of criminal records committed on July 16, 2007 and July 31, 2007, which was before the day of the final judgment of the previous offense ( March 25, 2010).

3. Meanwhile, the instant case.