The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Ex officio determination

A. The Prosecutor sentenced the Seoul Central District Court to three years and six months of imprisonment with prison labor for breach of trust, etc. at the Seoul Central District Court on August 24, 2017 and the judgment became final and conclusive on June 19, 2018 among the criminal records of all the facts charged at the trial. The Prosecutor sentenced to ten months of imprisonment with prison labor at the Seoul East East District Court on October 24, 2017, which became final and conclusive on June 19, 2018, and filed an application for change of indictment to be modified and permitted by this Court, the lower court’s judgment is no longer maintained.

B. On September 11, 2015, the Defendant was sentenced to three months of imprisonment for fraud at the Suwon District Court, and the said judgment became final and conclusive on September 19, 2015.

However, since the crime of breach of trust as stated in the first head of the crime in the judgment of the court below, which the court below held that there is a concurrent crime under the latter part of Article 37 of the Criminal Act and the crime stated in the facts charged of this case was committed before and after the judgment on the crime of fraud became final and conclusive, this cannot

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of breach of trust.

3. 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 of the court below is reversed, and it is again decided as follows.

[C] The summary of the facts constituting an offense and evidence admitted by this court is as follows: “The Seoul Central District Court sentenced on August 24, 2017 to three years and six months of imprisonment with prison labor due to a breach of trust, etc. at the Seoul Central District Court on June 19, 2018, and the judgment became final and conclusive on June 19, 2018” in the judgment of the court below was sentenced to ten months of imprisonment with prison labor at the Seoul East East District Court on October 24, 2017, and the judgment became final and conclusive on June 19, 2018.”