The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the court below (10 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that the Defendant was sentenced to six months of imprisonment for fraud in the Suwon District Court’s Ansan Branch on February 14, 2014, and the judgment became final and conclusive on February 10, 2015 during the appellate trial of the instant case. As such, the Defendant’s crime committed in the instant case and the crime for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act. Therefore, the lower judgment cannot be maintained in this respect.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is that the first head of the judgment of the court below stated that "the defendant was sentenced to six months of imprisonment for fraud in the Suwon District Court's Ansan Branch's assistance on February 14, 2014, and the judgment became final and conclusive on February 10, 2015," and the summary of the evidence of the judgment of the court below is the same as that of each corresponding column of the judgment of the court below, except for adding "1. previous records: case search, and copy of each judgment" to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended sentence is imposed Article 62(1) of the Criminal Act (the following favorable circumstances in the reasons for sentencing).