All judgment of the court below shall be reversed.

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

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: imprisonment with prison labor for 10 months) by the lower court is too heavy.

2. Ex officio determination

A. The pertinent Defendant filed an appeal against the lower judgment, both of which are concurrent crimes under the former part of Article 37 of the Criminal Act, and the instant court decided to jointly deliberate on the said appeal case.

Each crime of the judgment of the court below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

B. On May 13, 2016, the lower court sentenced the Defendant to two years and two months of imprisonment for fraud, etc. at the District Court rendered a judgment on May 21, 2016, which became final and conclusive on May 21, 2016.

Before the above judgment became final and conclusive, the Defendant committed each crime in the first and second judgments.

Therefore, each crime in the first and second judgments is in the relation of concurrent crimes between the above final judgment and the second judgment after Article 37 of the Criminal Code.

However, pursuant to Article 39(1) of the Criminal Act, the first instance court determined a sentence without considering equity in the case of judgment at the same time with the above final judgment.

Therefore, the court below erred by misapprehending the legal principles of single concurrent crimes after Article 37 of the Criminal Act, which affected the conclusion of the judgment.

3. If so, the judgment of the court below is reversed without examining the defendant's grounds for appeal (unfair sentencing) and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: “The defendant was sentenced to two years and two months to imprisonment for fraud, etc. at the Jung-gu District Court on May 13, 2016, and the above judgment was finalized on May 21, 2016.

“A previous conviction in the judgment of the court of first instance” in the summary of the evidence, “A criminal investigation report (the confirmation of concurrent crimes after Article 37 of the Criminal Act - the confirmation of concurrent crimes), the personal acceptance status, and the confirmation date).”