The first original judgment shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Defendant on the second judgment of the court below.

1. The punishment of the first original judgment (two years of imprisonment) and that of the second original judgment on the accused as to the summary of the grounds for appeal is too unreasonable; and

2. Determination

A. Ex officio determination of the first judgment of the lower court falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act with regard to “a crime for which a judgment to punish with imprisonment without prison labor or heavier punishment has become final and a crime committed before the said judgment has become final and conclusive.” In such cases, punishment shall be sentenced in consideration of equity in cases where a crime among concurrent crimes is not adjudicated and a crime for which a judgment has become final and conclusive under Article

Meanwhile, in light of the language, legislative intent, etc. of the latter part of Articles 37 and 39(1) of the Criminal Act, where a crime for which judgment has not yet become final and conclusive cannot be judged concurrently with the crime for which judgment has already become final and conclusive, the punishment shall not be imposed at the same time in consideration of equity and equity, or the punishment shall not be mitigated or exempted.

(2) According to the records, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul District Court on September 13, 2010, and the judgment (hereinafter “the first final judgment”) became final and conclusive on May 13, 201, and the Defendant was sentenced to two years of imprisonment for a term of fraud at the Incheon District Court on November 9, 2012, and was sentenced to two years of suspension of execution for a term of fraud at the Incheon District Court on November 17, 2012 (hereinafter “the second final judgment”), and the date and time of each crime in the second final and conclusive judgment on March 25, 2005 to January 30, 206 is recognized.

The judgment of the first instance court rendered a sentence on each of the crimes in the judgment of the first instance at the same time as the crimes in the judgment of the second instance which became final and conclusive under Article 39(1) of the Criminal Act, but the crimes of each of the crimes in the judgment of the first instance (the day of the crime committed on June 18, 2012) are committed after the final and conclusive judgment of the first instance (the day of the crime committed on May 13, 201), and the second final and conclusive judgment.