All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (the first instance court: the fine of KRW 3 million; the second instance court; the fine of KRW 2: imprisonment of one year and six months; and the third instance court: the fine of KRW 1 million) declared by the lower court is too heavy.

2. Ex officio determination

A. The pertinent Defendant filed an appeal against the lower judgment, both of which are concurrent crimes under the former part of Article 37 of the Criminal Act, and the instant court decided to jointly deliberate on the said appeal case.

Each crime of the judgment of the court below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

B. On February 25, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on February 25, 2016, and the judgment became final and conclusive on June 4, 2016.

Before the above judgment became final and conclusive, the Defendant committed each of the crimes in the judgment of the first to third court.

Therefore, each crime in the first or third judgment is in the relation of concurrent crimes between the above final judgment and the second or third judgment after Article 37 of the Criminal Code.

However, pursuant to Article 39(1) of the Criminal Act, the first instance court and the third lower court determined the punishment without considering equity in the case of judgment at the same time with the above final judgment.

Therefore, the judgment of the court below 1 and 3 is erroneous by misapprehending the legal principles of single concurrent crimes after Article 37 of the Criminal Act, which affected the conclusion of the judgment.

3. If so, the judgment of the court below is reversed without examining the defendant's grounds for appeal (unfair sentencing) and it is again decided as follows.

[Judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: “The defendant was sentenced to ten months of imprisonment for habitual fraud at the Busan District Court on June 2, 2015, and the sentence became final and conclusive on June 10, 2015, and the execution of the sentence was terminated at the Busan Detention House on April 1, 2016. On February 25, 2016, he/she was sentenced to eight months of imprisonment for fraud at the Busan District Court on February 25, 2016.