The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to 10 months of imprisonment for fraud at the Seoul Central District Court on July 23, 201, and the above judgment became final and conclusive on January 1, 201; ② on October 21, 2011, the Seoul Central District Court sentenced the Defendant to 3 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on September 13, 2012, and recognized the fact that the above judgment became final and conclusive on September 13, 2012. Since the crime of this case (i) all of the crimes for which judgment became final and conclusive and the latter part of Article 37 of the Criminal Act are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the sentence shall be determined by taking into account equity with the case where judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

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, and the judgment below is again decided as follows, after hearing.

Criminal facts

The summary of the facts constituting a crime and evidence admitted by this court is to be added to all the facts constituting a crime of the judgment of the court below, and except for adding "the defendant was sentenced to ten months of imprisonment for a crime of fraud at the Seoul Central District Court on July 23, 2010, and the above judgment became final and conclusive on January 1, 2011" to "one copy of the judgment of the court below" in the summary of the evidence as stated in each corresponding column of the judgment of the court below, and this is to be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The amount of fraud by fraud is 300 million won in the sentencing of the latter part of Article 37 of the Criminal Code and Article 39(1) of the Criminal Code.