The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two years of suspended sentence for imprisonment for eight months, community service work) against the Defendant is too unreasonable.

2. On February 5, 2013, prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to a suspended sentence of one year in the period of imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court on February 5, 2013, and the judgment became final and conclusive on the 13th day of the same month. In such a case, the crime for which the judgment sentencing was final and the crime committed before the judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime for which the judgment of the court below was rendered prior to the final and conclusive judgment, shall be determined after examining whether to reduce or exempt the sentence, taking into account equity and the case where the judgment is concurrently rendered pursuant to

3. Accordingly, 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 below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, except for the addition of the facts that "the defendant was sentenced to a suspended sentence of one year in six months of imprisonment with prison labor and a probation at the Seoul Southern District Court on February 5, 2013, and the judgment became final and conclusive on February 13 of the same month" in all criminal facts, and therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) and Article 30 of the Criminal Act, the choice of punishment for the crime, Articles 231 and 30 of the Criminal Act, Articles 234, 231 and 30 of the Criminal Act, Articles 234, 231 and 30 of the Criminal Act, and the choice of imprisonment for each sentence;

1. The Criminal Act dealing with concurrent crimes;