The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal is unreasonable by the lower court’s imprisonment (eight months of imprisonment).

2. Before determining the Defendant’s assertion of unfair sentencing, prior to the determination of ex officio, the record reveals that the Defendant was sentenced to eight months of imprisonment on June 13, 2014 by imprisonment with prison labor for a crime of fraud at the Sungwon District Court Sungnam branch, and the said judgment became final and conclusive on September 16, 2014. As such, prior to the said final judgment and the instant crime of fraud are in the concurrent relationship between the two concurrent crimes under the latter part of Article 37 of the Criminal Act and the judgment at the same time under Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence. The lower court’s judgment omitted the processing of concurrent crimes by the aforementioned final judgment, and thus, the lower court became unable to 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.

[C] The summary of the facts constituting a crime and the evidence against the defendant recognized by the court in light of the summary of the facts constituting a crime and the facts constituting a crime in the judgment of the court in the original instance shall be changed to "the currently pending trial in the final appeal became final and conclusive on September 16, 2014," and the summary of the evidence shall be as stated in each corresponding column of the judgment of the court in the original instance except for adding "1. 1............, the case inquiry and the judgment (2014No3398)" to "the above judgment was added.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;