The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and three months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. On May 12, 2016, the lower court sentenced the Defendant to a four-year sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on October 27, 2016, which became final and conclusive on October 27, 2016, and applied the latter part of Article 37 and Article 39(1) of the Criminal Act.

According to evidence, the Defendant was sentenced to one year of imprisonment for fraud at the Cheongju District Court on September 19, 2014 and two years of suspended execution, and was finalized on September 27, 2014 (hereinafter “B prior conviction”).

In this regard, in the relationship between the two previous convictions and the two previous convictions with the crime of fraud of this case after Article 37 of the Criminal Act, the punishment for the crime of this case shall be imposed in consideration of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act.

Nevertheless, the lower court was unlawful by failing to examine the details of the previous convictions.

In accordance with Supreme Court Decision 2008Do209 Decided October 23, 2008, the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following judgment is delivered through pleadings.

[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by the court and the summary of the evidence are all recorded in the criminal records of the judgment of the court below, and the judgment of the court below became final and conclusive on September 27, 2014, on September 19, 2014, after having been sentenced to imprisonment with prison labor for one year for fraud at the Cheongju District Court on September 19, 2014 and a two-year suspended sentence.

In addition, “1. previous conviction” column for the summary of the evidence is the last column, and “the Defendant’s trial statement at the trial, the conet search results of the case (Cheongju District Court Decision 2014 J. 157).”