The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. According to ex officio records, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in this court on September 23, 2016, and on February 17, 2017, recognized the fact that the judgment became final and conclusive.

Each of the instant frauds against the Defendant is a concurrent crime between the crime of fraud for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act.

In accordance with Article 39(1) of the Criminal Act, this Court shall determine punishment in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, so the judgment of the court below cannot be maintained

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the evidence is that it is clear that the attachment of a list of crimes in the judgment of the court is omitted in the criminal records against the defendant recognized by the court.

The summary of the judgment of the court below in the last part of the crime [criminal records] of the judgment of the court below was sentenced to imprisonment with prison labor for eight months at the Seoul Northern District Court on September 23, 2016 and the judgment became final and conclusive on February 17, 2017.

Except for the addition of “the pertinent column of the lower judgment,” it is identical to each corresponding column of the lower judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing guidelines do not apply to each of the instant frauds with the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, as the instant frauds with the final and conclusive judgment are in the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act with the final and conclusive judgment.

The defendant is against unspecified or many victims, and considerable.