The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

2. Prior to the judgment on the grounds for appeal by the defendant, the records of this case revealed that the defendant was sentenced to six months of imprisonment with prison labor and eight months of imprisonment with prison labor at the Suwon District Court on December 23, 2012, and sentenced to four months of imprisonment with prison labor at the Suwon District Court on January 23, 2013 for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Suwon District Court on January 23, 2013. The above judgment became final and conclusive on March 28, 2013. Some of the crimes for which the judgment became final and conclusive and the crimes of this case were related to the concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment, the judgment of the court below became unable to be maintained any more in this point.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows, after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by the court below are as follows: "The defendant was sentenced to six months of imprisonment and eight months of imprisonment with prison labor at the Suwon District Court on December 23, 2012 for fraud, etc.; on January 23, 2013, the defendant was sentenced to four months of imprisonment with prison labor at the Suwon District Court on January 23, 2013; on March 28, 2013, the above judgment became final and conclusive on March 28, 2013; and on March 1, 2013, the summary of the evidence added "1. The summary of each case agreement assistant and decision" as stated in each corresponding column of the court below, and this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;