The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal ex officio, the records show that the Defendant was sentenced to imprisonment with prison labor for four years and six months at the Incheon District Court on November 18, 2014, and the said judgment became final and conclusive on January 29, 2015.

Since the crime of fraud, etc. for which judgment has become final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and thus,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: "The defendant was sentenced to four and a half years imprisonment with prison labor at the Incheon District Court on November 18, 2014, and the judgment became final and conclusive on January 29, 2015" in the summary of the evidence, except for adding "Submission of reference materials concealed in the trial" to the summary of the evidence as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 234, 231, and 30 of the Criminal Act applicable to the crime, Articles 229, 225, and 30 of the Criminal Act, Article 347 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the crime of this case committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act was forged in the lending company.