The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. According to the judgment on the grounds for appeal by the Defendant and the prosecutor, prior to the judgment, the records show that the Defendant was sentenced to three years of imprisonment with prison labor on November 22, 2012, for the crime of violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), etc. at the Ansan District Court’s Ansan Branch, and the judgment became final and conclusive on April 12, 2013, and that the judgment became final and conclusive on April 30, 2013 after being sentenced to one year of imprisonment with prison labor for special larceny by the above court on April 30, 2013. As such, each of the instant crimes, such as special larceny and each of the instant fraud, which became final and conclusive, constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, by taking into account the equity in the case of concurrent crimes under the latter part of Article 39(1) of the Criminal Act and examining whether mitigation of or exemption from punishment, etc., may no longer be upheld.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is ruled as follows through oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: "The above judgment was made on April 12, 2013, and the judgment was made final and conclusive on April 30, 2013, and the judgment became final and conclusive on May 8, 2013, after being sentenced to one year for special larceny in the Suwon District Court's Ansan Branch's assistance on April 30, 2013." The summary of the evidence in the column of "1."