The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined by the lower court and the lower court on December 12, 2012, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant may recognize the fact that the said judgment became final and conclusive on February 22, 2013, inasmuch as the instant crime is in the concurrent relationship between the crime for which the judgment became final and the crime under Article 37(1) of the Criminal Act and the crime under the latter part of Article 39(1) of the Criminal Act, the Defendant shall be sentenced to punishment after examining whether to reduce or exempt the sentence, taking into account equity and the case where the said judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and thus, the lower court, which did not take such measures, cannot be maintained further 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 that the above ground for reversal ex officio is reversed, and it is again decided as follows.

Criminal facts

The summary of facts constituting a crime and evidence acknowledged by this court is to delete the first and second criminal records of the judgment of the court below, and “the defendant was sentenced to ten months of imprisonment at the Gwangju District Court on February 17, 2010 and completed the execution of the sentence on August 7, 2010. On December 12, 2012, the Gwangju District Court added “the above judgment became final and conclusive on February 22, 2013 after being sentenced to two years of suspended execution and six months of imprisonment for fraud” as well as “a summary of evidence” as stated in the corresponding column of the judgment of the court below, except for the addition of the defendant’s oral statement at the court below as stated in “a summary of evidence” as it is stated in the corresponding column of the judgment of the court below. Thus, this is to be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense.