The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than six months for a crime of resolution of first instance judgment.

1. Each sentence of the first instance judgment (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: imprisonment with prison labor for 1 year and 6 months) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The defendant filed an appeal against the judgment of the first instance and decided to hold a joint trial of the above appeal cases. However, the crime of the first instance judgment is in the relation of the first and the second final judgment with each crime of the first instance judgment, which became final and conclusive, and the crime of the second instance judgment should be sentenced to the crime of the second instance judgment and the crime of the second instance judgment for the crime of the second instance judgment, notwithstanding the decision of the consolidated trial in relation to each crime of the first and the second final judgment, as seen below, regardless of the decision of the consolidated trial, so the crime of the

A. According to the records of the lower judgment’s ex officio determination as to the first instance judgment, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Central District Court (2014No. 45) on June 13, 2014; the fact that the judgment became final and conclusive on June 21, 2014 (hereinafter “final judgment of first instance”); (ii) on January 23, 2015, the Seoul Central District Court (2014 Height 3940) sentenced two years of suspended sentence for six months of imprisonment with prison labor for fraud; and (iii) on January 31, 2015, the said judgment became final and conclusive (hereinafter “second final judgment”); and (iii) the Defendant was found to have committed a crime prior to the final and conclusive judgment of first instance; and

If so, all of the frauds of the first final and conclusive judgment, the second final and conclusive judgment, and the first final and conclusive judgment, which were committed before the first final and conclusive judgment, are in the relationship of concurrent crimes by the latter part of Article 37 of the Criminal Act. Therefore, the punishment should be determined by taking into account equity in cases where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

Nevertheless, the judgment of the first instance court takes such measures only with respect to fraud of the final and conclusive judgment No. 2, and Article 37 of the Criminal Act with respect to fraud of the final and conclusive judgment No. 1, but the application of Article 39(1) has been omitted. The judgment of the first instance court is reversed ex officio.