The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below (three months of imprisonment and one year of suspended execution) on the summary of the grounds of appeal is too unreasonable.

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

According to the records, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Ulsan District Court on July 19, 2017, and the judgment became final and conclusive on September 7, 2017 (hereinafter “first conviction”), and on January 12, 2018, the Ulsan District Court sentenced the Defendant to six months of imprisonment for a crime of fraud at the Ulsan District Court on January 20, 2018, and the said judgment became final and conclusive on January 20, 2018 (hereinafter “second criminal conviction”).

The court below held that only the crime of the judgment of the court below and the crime of the first criminal offense against the defendant against which the judgment of the court below became final and conclusive are concurrent crimes after Article 37 of

On the other hand, the punishment is determined by taking into account only the equity with the case of the above fraud at the same time as the above fraud. However, the crime in the judgment of the court below is one of the concurrent crimes after Article 37 of the Criminal Act, even with the second criminal

Therefore, according to Article 39 (1) of the Criminal Code, punishment shall be determined in consideration of equity in the case where the crime and each of the above fraud are adjudicated simultaneously. Therefore, the judgment of the court below cannot be maintained any more in this respect.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by the court below and the summary of the evidence are identical to each corresponding column of the Criminal Procedure Act, except that "The defendant was sentenced to one year of imprisonment for a crime by the Ulsan District Court on July 19, 2017, and the judgment was finalized on September 7, 2017." On January 12, 2018, the above court was sentenced to six months of imprisonment for a crime of fraud and became final and conclusive on January 20, 2018." Thus, the Criminal Procedure Act is the same.