A defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

[criminal records] On April 14, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for forgery of private documents at the Gwangju District Court on April 22, 2016, and the judgment became final and conclusive on April 22, 2016. On April 26, 2017, the Gwangju District Court sentenced four months of imprisonment with prison labor and ten months of imprisonment with prison labor for fraud, etc., and the said judgment became final and conclusive on June 29, 2017.

The facts charged are stated as follows: “The defendant was sentenced to four months of imprisonment and ten months of imprisonment at the Gwangju District Court on November 30, 2016.” However, according to the records, the defendant was sentenced to imprisonment with prison labor for four months and ten months of imprisonment with prison labor for the Gwangju District Court on April 26, 2017 (one day stated in the facts charged is sentenced to imprisonment with prison labor for three months and nine months of imprisonment for the first instance court on June 29, 2017). However, it is recognized that the judgment became final and conclusive as dismissal of appeal on April 29, 2017.

Meanwhile, according to the reasoning of the judgment in the foregoing Gwangju District Court Decision 2016No 5042, the part which was sentenced to four months of imprisonment among the facts constituting the crime is a crime around January 12, 2009, and this cannot be sentenced concurrently to imprisonment with prison labor for the defendant on December 18, 2009 and the subsequent provision of Article 37 of the Criminal Act. However, the part on which ten months of imprisonment with prison labor is sentenced is a crime from January 8, 2013 to May 31, 2013. The facts constituting the crime in this case are from June 17, 2013 to September 24, 2014. The crime in this case is both imprisonment with prison labor for the part on the crime in this case and Article 2016 No. 5042, Jun. 29, 2017, which became final and conclusive, and Article 2016 of the Criminal Act, which became final and conclusive.

That is, (see Supreme Court Decision 2012Do12911 decided Dec. 27, 2012). [Criminal facts]

1. Criminal facts under the premise of "2017 Highest 586" - The Defendant, along with C, shall open a store handling electronic equipment on January 2014, and register a business operator with borrowed another person's name, and use the bank account in his/her name.