The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. We examine ex officio before determining the grounds for appeal by the defendant.

According to the records, on October 1, 2013, the Defendant was sentenced to four years of imprisonment for fraud in this court, and the above judgment became final and conclusive on April 3, 2014. The crime in the judgment of the court below is in the concurrent relationship between the above crime for which judgment became final and the crime in the latter part of Article 37 of the Criminal Act, and should be sentenced at the same time in consideration of equity and the case where judgment is to be rendered pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

[Dao-written judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows. The facts constituting an offense of the court below's judgment is cited in accordance with Article 369 of the Criminal Procedure Act, except for adding "the defendant was sentenced to four years of imprisonment for a crime of fraud at the Jeju District Court on October 1, 2013 and the above judgment became final and conclusive on April 3, 2014" to the first head.

Application of Statutes

1. Article 347 (1) of the relevant Act and the multiple-choice Act concerning the facts constituting the crime (generality and choice of imprisonment);

1. The sentencing reasons for concurrent crimes under the latter part of Articles 37 and 39(1) of the Criminal Procedure Act are sentenced to four years of imprisonment for an existing crime, and the judgment becomes final and conclusive on April 3, 2014, the amount of damage incurred by the instant crime was not much significant than KRW 24 million, and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., shall be determined as ordered by taking full account of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (b) the sentencing conditions specified in the records and arguments,