The judgment of the court below is reversed.

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

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (three months of imprisonment) is too unreasonable.

2. Upon ex officio determination, the records show that the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Seoul Eastern District Court on July 19, 2017, and the said judgment became final and conclusive on November 7, 2017. As such, the crime for which the said judgment became final and conclusive and the crime of the lower judgment in relation to concurrent crimes by a group after Article 37 of the Criminal Act are in relation to a group of concurrent crimes under Article 39(1) of the Criminal Act, and a sentence shall be determined in consideration of equity with which the judgment is to be rendered simultaneously under Article 39(1) of the Criminal

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the grounds that the judgment of the court below is reversed ex officio, and the following judgment is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by this court is the criminal facts, and the defendant was sentenced to six months of imprisonment with prison labor at the Seoul Eastern District Court on July 19, 2017 and the above judgment became final and conclusive on November 7, 2017.

“1. A previous conviction in the judgment of the court below” is added to “1. A previous conviction in the judgment of the court below” and the summary of the evidence is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act does not specify the amount of damage due to the instant case. However, the Defendant was committed at the time of committing a crime, and the injured party does not want to be punished against the Defendant in the trial, and at the same time, should consider the case and equity with regard to a crime committed before the judgment becomes final and conclusive, and the age of the accused is the age of the Defendant.