The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year and four months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case show that the Defendant was sentenced on November 29, 2012 to imprisonment with prison labor and three years and six months at the Seoul Central District Court on the grounds of fraud, etc. on January 30, 2013. As such, inasmuch as the crime of fraud, etc. for which judgment has become final and conclusive is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of fraud of this case is determined by considering equity and the mitigation or exemption of punishment in accordance with Article 39(1) of the Criminal Act, the lower court, which did not take such measures, cannot be maintained any further.

3. Accordingly, 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 ground of the above ex officio reversal.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced on November 29, 2012 by imprisonment of three years and six months with prison labor at the Seoul Central District Court for fraud, etc. on November 29, 2012, and the above judgment became final and conclusive on January 30, 2013" in the first part of the judgment of the court below; and except for addition of "1. case detailed screen" and "1. court rulings" in the last part of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited pursuant to

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes is very large, and no particular damage recovery is achieved.