The judgment of the court below is reversed.

The crimes of No. 1 and No. 2 in the judgment of the defendant shall be punished by imprisonment with prison labor for one year and six months.

1. The decision of the court below on the summary of the reasons for appeal (one year and six months of imprisonment, three years of suspended execution and one year of imprisonment) is too unreasonable.

2. Before determining the Defendant’s assertion, the lower court ex officio considered ex officio prior to determining the Defendant’s assertion, and held that there exists a concurrent relation between the crimes of Articles 1 and 2 as indicated in the judgment and the first head of the judgment, which became final and conclusive on September 19, 2008, and the crime of forging securities, which became final and conclusive on August 18, 201 of the first head of the judgment, and the latter part of Article 37 of the Criminal Act, but did not consider equity with the case where the judgment is to be rendered on August 18, 201.

In light of the principle of good faith and equity under Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final and conclusive could not be adjudicated concurrently with the crime for which judgment has already become final and conclusive, the punishment shall not be imposed, or mitigated or exempted in consideration of equity and equity (see, e.g., Supreme Court Decision 2009Do9948, Oct. 27, 201). On November 30, 2004, the Defendant was sentenced by the Seoul Northern District Court for a period of two years with imprisonment for a crime of fraud at the same time on December 8, 2004 (hereinafter referred to as “the foregoing judgment”), and on August 13, 2007, the latter part of Article 39(1) of the Criminal Act was sentenced to imprisonment for one year with prison labor at the Incheon District Court for a period of two years, and the above judgment becomes final and conclusive on September 19, 2008 (hereinafter referred to as “the above judgment”).