The judgment of the court below is reversed.

According to the ruling, each of the crimes of "2017 Highest 5569" and the crimes of "2018 Highest 803" shall be punished by imprisonment.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (three years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant and prosecutor on the part of the case of the defendant prior to the judgment.

In light of the latter part of Article 37 of the Criminal Act and the language, legislative intent, etc. of Article 39(1) of the Criminal Act, if 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, it is reasonable to interpret that the relationship of concurrent crimes cannot be established after Article 37 of the Criminal Act, and that the sentence cannot be imposed or the sentence cannot be mitigated or exempted in consideration of equity and cases where judgment is to be rendered at the same time pursuant to Article

In a case where several crimes which have not yet been adjudicated were committed before and after the final judgment became final and conclusive, it is said that there was no final and conclusive judgment that the crimes committed before the final and conclusive judgment could not be judged concurrently with the crimes for which the judgment became final and conclusive, and as such, Article 38 of the Criminal Act cannot be deemed to apply as the concurrent crimes under the former part of Article 37 of the Criminal Act among the several crimes, and therefore, Article 38 of the Criminal Act shall not be deemed to apply (see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). According to the records, the following facts are recognized.

1) On March 9, 2012, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Busan District Court (Seoul District Court Decision 201No4373 decided March 9, 201; hereinafter “1 final judgment”) and on March 17, 2012, the above judgment became final and conclusive.

2) On February 14, 2013, the Defendant was sentenced to two years of imprisonment for each crime committed by the Busan District Court prior to the final and conclusive judgment on February 14, 2013 (the Busan District Court Decisions 201J 9471, 291, 291, 2712, 2712 (each consolidation), and hereinafter referred to as “second final and conclusive judgment”).