All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal is too unreasonable that each sentence (the first instance court: imprisonment with prison labor for 6 months and the second instance: imprisonment with prison labor for 4 months) declared by the court below is too unreasonable.

2. Ex officio determination

A. Each appeal was filed after the judgment of the court of first instance and the judgment of the court of second instance against the defendant in the joint trial. This court decided to hold the above two appeals together for a new trial.

However, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

B. According to the records, etc. of the instant case where there exist concurrent causes after Article 37 of the Criminal Act, the Defendant was sentenced to two years of imprisonment by the Seoul High Court on August 9, 2017 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Seoul High Court 2017No. 806), and the said judgment became final and conclusive on August 17, 2017.

As above, the crime for which judgment became final and the crime for which judgment became final and the crime for which judgment was passed at KRW 1 and 2 are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where a judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act. In this regard, the judgment of the court below

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is again decided as follows.

[Judgment] The summary of the facts constituting the crime and the evidence admitted by the court is summary of the facts constituting the crime and the summary of the evidence. In the first head of the facts constituting the crime of the second instance judgment, the defendant is sentenced to 4 years by imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on February 7, 201