The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In light of the language, legislative purport, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final and conclusive cannot be established concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the crime of concurrent crimes by the latter part of Article 37 of the Criminal Act cannot be sentenced, or mitigated or exempted from punishment, taking into account equity and equity (see Supreme Court Decision 2014Do469, Mar. 27, 2014). Based on the foregoing legal principles, the crime of this case is examined: (i) the defendant was sentenced to imprisonment with prison labor for 1 year and 2 years before the final and conclusive judgment on December 21, 207 (hereinafter referred to as “final and conclusive judgment”) and the crime of violation of Article 39(1) of the Act on the Control of Illegal Check, which is 20 days before and after the final and conclusive judgment on December 21, 2007 (hereinafter referred to as “final judgment”).

Therefore, the crime of fraud of this case and the crime of final and conclusive judgment No. 2 is not in the relationship of single concurrent crimes after Article 37 of the Criminal Act, and is not in the relationship of fraud of this case 3.