The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable for the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service).

2. On July 4, 2012, the lower court determined ex officio: (a) the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court on November 30, 2012; and (b) the said judgment became final and conclusive on November 30, 2012; (c) on the ground that each of the crimes for which a judgment became final and the instant crimes constituted concurrent crimes under the latter part of Article 37 of the Criminal Act, and accordingly, imposed the following punishments, taking into account the case where

However, according to the records, ① the crime for which the judgment of the court below became final and conclusive is due to the crime committed on May 13, 2004, and ② the defendant was sentenced to one year of imprisonment for the fabrication of private documents at the Seoul Southern District Court on October 31, 2006 and its judgment became final and conclusive on January 13, 2007, and each of the crimes of this case was committed from January 8, 2010 to April 10, 2012. As such, the crime for which the judgment of the court below became final and conclusive and the crime of this case committed before the judgment of the court below was committed. ② The crime for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, but each of the crimes of this case does not constitute concurrent crimes under the latter part of Article 37 of the Criminal Act. Accordingly, each of the crimes of this case is determined separately with the judgment of the court below which became final and conclusive.

Nevertheless, the lower court deemed that the crime for which the judgment of the lower court was rendered and each of the crimes of this case constituted concurrent crimes under the latter part of Article 37 of the Criminal Act, and determined a punishment by taking into account the case and equity, and thereby, erred by misapprehending the legal doctrine on concurrent crimes under the latter part of Article 37 of

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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

(b).