The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records of this case show that the defendant was sentenced to a punishment of one year to suspend the execution of imprisonment on September 4, 2014 on the grounds of a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users, etc. at the Busan District Court on September 4, 2014, and that the judgment became final and conclusive on April 23, 2015. Since the crime of perjury by the defendant was committed before the above judgment becomes final and conclusive, since the crime of perjury by the defendant was committed before the above crime was committed, the above crime of concurrent crimes with the crime for which judgment became final and conclusive in accordance with Article 37 (1) of the Criminal Act, and the punishment should be determined after considering the case of concurrent crimes under Article 39 (1) of the Criminal Act and the case of mitigation or exemption of punishment, the court below erred in determining

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again ruled as follows.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, except for the addition of the "1. Defendant's oral statement" to the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152(1) and Article 31(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the reasons for the suspension of execution);

1. The defendant's crime of perjury with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act is found to be the substantial truth.