The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) of the lower court is too unreasonable.

2. Prior to the judgment on the Defendant’s ground of appeal on the ground of ex officio determination, the record reveals that the Defendant was sentenced to one year of imprisonment by larceny, etc. from the Seocho District Court’s territorial branch on July 16, 2014, and the Defendant’s appeal and appeal against it became final and conclusive on December 30, 2014 as the Defendant’s appeal and appeal against them were dismissed. As such, each of the crimes of larceny, etc. for which judgment became final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be determined after examining whether to reduce or exempt the punishment in consideration of equity and the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. Thus, the judgment below

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

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, with the exception of adding "the defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. from the Seocho District Court's territorial branch on July 16, 2014, and the defendant's appeal and appeal against it were dismissed, and the judgment became final and conclusive on December 30, 2014," and therefore, it is identical to the corresponding column of the court below's judgment pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (Fraud), Article 329 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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

1. The defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.