The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. In light of the following circumstances: (a) the summary of the grounds for appeal of the defendant is against the defendant; (b) the defendant has no record of being punished for the same kind of crime; (c) the damage to the defendant's property caused by this case; (d) the elderly and his/her dependants should be supported by the defendant; and (e) the case is concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of two years of suspended execution (Probation, community service, 120 hours, confiscation, and 1.1 million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the term "a crime for which a judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive" constitutes concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which a judgment has not been rendered among concurrent crimes under Article 39 (1) of the Criminal Act and a crime for which a judgment has not become final

Meanwhile, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, in cases where a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence shall not be imposed concurrently in consideration of equity and equity, or the sentence shall not be mitigated or exempted

(2) According to the evidence duly admitted and investigated by the lower court, the Defendant was sentenced to two years for criminal punishment in the Suwon District Court’s Sungnam branch branch on November 21, 2012, and the judgment became final and conclusive on November 29, 2012 (hereinafter “the first final and conclusive judgment”); and (2) The Defendant was sentenced to two years for the violation of the Attorney-at-Law Act and one year for the suspension of execution of imprisonment for a crime of fraud at the Seoul Central District Court on November 29, 2013, and the second final and conclusive judgment on January 31, 2015 (hereinafter “the second final and conclusive judgment”); and