The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal is that the Defendant committed the instant crime on the broman’s end, the Defendant’s mistake was divided and reflected, the Defendant’s amount received by the instant crime is only three million won, and the Defendant additionally deposited KRW 15 million to recover damage, etc. In light of the fact that the Defendant committed the instant crime, the Defendant’s imprisonment (four months of imprisonment) declared by the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the evidence duly adopted and investigated by the court below and the court below, the defendant can be recognized as having been sentenced to one year of suspension of execution on September 17, 2015 to six months of imprisonment for fraud in the Incheon District Court Branch Branch of Incheon District Court, which was sentenced to one year of suspension of execution, and the above judgment became final and conclusive on the 25th of the same month. As such, the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case is determined after examining whether to reduce or exempt punishment in consideration of equity and cases at the same time under Article 39

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[C] The summary of the facts constituting a crime and the evidence admitted by the court of this Court is the first head of the judgment of the court below, and the facts constituting a crime of the court below are as follows: "The defendant is a person who was sentenced to a suspension of execution for six months in imprisonment with prison labor from the Incheon District Court's Busan District Court's Branch on September 17, 2015, and the above judgment became final and conclusive on the 25th of the same month." The summary of the evidence is as follows: "1. A previous conviction: the defendant's statement at the court of first instance: the defendant's own court's own court's own court's court's court'