The judgment of the court below is reversed.

As to the second crime, the defendant is punished by imprisonment with prison labor for six months, the first crime, the third crime, and the fourth crime.

1. Summary of grounds for appeal;

A. As to the crime of subparagraph 1 of the decision of the court below of mistake of facts, the defendant had the ability to pay and had the intention to pay since the defendant received project financing from the Shipping Credit Union for the payment of the cost of construction to the victim C, and secured funds for the payment of the total cost of construction.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. Each sentence imposed by the court below on the defendant (two months of imprisonment with prison labor for the first, second and third crimes in the original judgment) is too unreasonable.

2. Determination:

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

According to the records, on February 3, 2015, the defendant was sentenced to the suspension of the execution of the imprisonment of 8 months at the Seoul Central District Court for fraud, and on February 11, 2015, it can be recognized that the judgment became final and conclusive.

The court below held that the crimes No. 1 and No. 2 in the decision of the court below are the concurrent crimes under the latter part of Article 37 of the Criminal Act, the crimes No. 3 in the decision of the court below, and the crimes No. 4 in the decision of the court below are the concurrent crimes under the former part of Article 37 of the Criminal Act, and sentenced to punishment No. 1, 2 and 3 in the decision of the court below.

However, the crime No. 1 in the holding of the court below is a crime by which the defendant acquired financial benefits from March 11, 2015 to March 23, 2015, and was committed by the defendant, which became final and conclusive on February 11, 2015, and cannot be sentenced simultaneously to the judgment from the beginning. The crime No. 2 in the holding is in the concurrent relationship between the above criminal offense for which the judgment became final and the latter part of Article 37 of the Criminal Act, and the crime No. 2 in the concurrent relationship between the two crimes under Article 39 of the Criminal Act and the case at the same time is determined in accordance with Article 39 of the Criminal Act. The crime No. 1, 3, and 4 in the holding shall be deemed to have a concurrent relationship under the former part of Article