All judgment of the court below shall be reversed.

Each crime of the judgment of the court of first instance and each of the judgment of the court of second instance.

1. Summary of the grounds for appeal - Unreasonable sentencing - The lower court’s punishment (one year and four months of imprisonment, and three years and six months of imprisonment) is too heavy.

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

On May 2, 2015, the Defendant was sentenced to one year of suspension of the execution of imprisonment for eight months for fraud in the Incheon District Court Branch Branch of the Incheon District Court, and the said judgment became final and conclusive on May 30, 2015.

As above, each crime of fraud for which judgment has become final and conclusive and that of the judgment of the second instance is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity and the mitigation or exemption of punishment in accordance with Article 39(1) of the Criminal Act. Therefore, the judgment of the second instance cannot be exempt from reversal in this regard.

In addition, the defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance, and the court of second instance decided to jointly examine the above two appeals cases. Among the judgment of the court of first instance and the judgment of the court of second instance, each of the offenses in the judgment of the court of second instance and the judgment of the court of second instance in the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal

In addition, the first instance court's decision is also published in the first instance court, and the appellate court's decision cannot be reversed in the first instance court due to the grounds for reversal of the right of appeal, and the appeal court's decision cannot be tried at the same time after oral argument. 3. Thus, the court below's decision is without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is all reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing.

【Grounds for the Judgment of the Supreme Court】 Summary of facts constituting a crime and evidence are recognized by the court.