The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to imprisonment with prison labor for five years as Suwon District Court Branch 2015 high 187 on September 9, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on August 23, 2017.

Therefore, the crime for which judgment has become final and conclusive and each of the crimes of this case shall be sentenced to punishment for each of the crimes of this case by taking account of the equity in the case where the judgment is to be rendered simultaneously in accordance with the main sentence of Article 39(1) of the Criminal Act, inasmuch as the crimes of this case are concurrent crimes after Article 37 of the Criminal Act, the judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by this court is the first head of the lower judgment’s criminal history, and the Defendant was sentenced to imprisonment with labor for five years with labor for more than 187 years for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on September 9, 2016, and the said judgment became final and conclusive August 23, 2017.

“A previous conviction in the judgment of the court below” was added to “1. The Defendant’s previous conviction in the court of first instance” and the summary of the evidence was changed to “the Defendant’s partial statement of the court of the court of the court of the court of the court of the court of the court of the court of the court of the court of the court of the court of the first instance” as “the Defendant’s oral statement of the court of the court of the court of the court of the first instance” as stated in each corresponding column of the court of the court below. Thus, all of them

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated Criminal Act for concurrent crimes.