1. The judgment below is reversed.

2. Defendant shall be punished by imprisonment for each of the crimes listed in paragraphs 1 and 2 of the judgment below.

1. Summary of grounds for appeal;

A. The punishment of the lower court (four months of imprisonment) is excessively unreasonable.

B. The lower court’s sentence is excessively unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, the records show that the Defendant was sentenced to imprisonment with prison labor for 4 months in the Changwon District Court on November 22, 201 and imprisonment with prison labor for 2 years in the period of suspension of execution on November 30, 201, and the judgment became final and conclusive on November 30, 201. Each of the above fraud and the crime of 1 and 2 criminal facts in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act. The criminal facts in the judgment of the court below are a single comprehensive crime under paragraph (3) of the above judgment, and it is reasonable to view that the crime was completed only on December 2, 201, which is after the date

Therefore, even though the court below should be sentenced to the punishment for each crime of paragraphs 1 and 2 of the crime committed before and after the final judgment, and each crime of paragraph 3 of the crime as stated in the judgment of the court below, and since all of the above crimes are regarded as concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained any more.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act (the crime committed at the time of sale, each of the crime No. 1 and 2, and the fraud for which judgment has become final and conclusive).