The judgment below

The part against the defendant shall be reversed.

The punishment of the accused shall be determined by two years.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

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

A. In the first instance trial, the prosecutor applied for the amendment of the indictment with respect to each of the crimes described in the criminal records of this case, and the addition of Articles 342, 330, and 48 of the Criminal Act under the applicable law, and the subject of the trial was changed by this court’s permission.

B. In addition, in the first instance trial, the prosecutor applied for amendments to the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to the effect that the name of the crime is "Habitual larceny", and the applicable provisions of the Act are "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes," and "Articles 331 (2), 331 (2), 329, 342, and 330 of the Criminal Act" and "Articles 332, 331 (2), 329, 342, and 330 of the Criminal Act," respectively, and this court changed the subject of adjudication by granting permission.

(c)

On November 25, 2015, the Defendant was sentenced to imprisonment with labor for aiding and abetting fraud at the Incheon District Court on November 25, 2015, and the above judgment became final and conclusive on December 3, 2015.

However, the crime of this case is in the relation of concurrent crimes between the above crime for which judgment has become final and conclusive and the crime of this case after Article 37 of the Criminal Act, and the case of judgment and equity should be considered pursuant to Article 39(1) of the Criminal

3. As such, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are criminal facts and criminal records. The judgment below became final and conclusive on December 3, 2015, where the defendant was sentenced to imprisonment with prison labor for one year and two months at the Incheon District Court on November 25, 2015 for aiding and abetting fraud.

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