The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and seven million won of additional collection) is too unreasonable.

2. Before determining the grounds for appeal ex officio, the records show that the Defendant was sentenced to imprisonment with prison labor and six years and six months at the Seoul Central District Court on November 20, 2014, and the above judgment became final and conclusive on February 12, 2015. Each of the crimes in the holding of the lower judgment is in the relation of fraud for which the judgment became final and conclusive and concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined in consideration of equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act. Therefore, the lower judgment is no longer maintained in this respect.

3. If so, the court below reversed the part of the judgment below against the defendant pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and ruled the following again through pleading.

【The part of the judgment of Dao-si] The summary of the facts constituting the crime and the summary of the evidence admitted by the court and the summary of the evidence are as follows: “Defendant B shall be sentenced to imprisonment with prison labor for one year and six months at the Seoul Central District Court on April 12, 2013 and the above judgment becomes final and conclusive on September 26, 2013; on November 20, 2014, the court at the same court was sentenced to imprisonment with prison labor for three years and six months for fraud, etc.; and on February 12, 2015, the above judgment became final and conclusive on February 12, 2015; and on the summary of the evidence “1...............”

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and Article 30 of the Criminal Act concerning the receipt of good offices.