The judgment below is reversed, and the case is remanded to Busan District Court.

The grounds of appeal are examined.

A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes pursuant to Article 39 (1) of the Criminal Act and a crime for which judgment has become final and conclusive shall

According to the records, on March 29, 2012, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Game Industry Promotion Act at the Jeonju District Court on March 29, 2012.

Meanwhile, the crime No. 1 of the instant facts constituting the instant crime was committed on or around March 201, and the crime No. 2 of the holding around September 2011. Thus, it appears that the crime for which judgment became final and conclusive is the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime committed prior to the final and conclusive judgment on a violation of the Game Industry Promotion Act.

Therefore, the court below should have deliberated on the date on which the judgment on a violation of the Act on Promotion of the Game Industry was finalized, and sentenced a single punishment in consideration of equity with the case where a judgment was rendered concurrently with the case where a judgment was rendered in accordance with Article 39(1) of the Criminal Act with respect to the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act.

Nevertheless, the judgment of the court below which sentenced a single punishment without a separate sentence is erroneous by misapprehending the legal principles on concurrent crimes under the latter part of Article 37 of the Criminal Act, which affected the conclusion of the judgment.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.