The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal was sentenced on August 23, 2012 to one and half years of imprisonment due to fraud, etc., and considering the fact that the Defendant could have been tried together with the above crime of fraud, etc., the lower court’s punishment against the Defendant is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the records of this case show that the Defendant was sentenced to imprisonment of one year and six months with prison labor at the Seoul Western District Court on August 23, 2012, and appealed thereto on August 27, 2012, but the dismissal of appeal was decided on October 12, 2012 and the judgment became final and conclusive at that time. As such, the crime of this case committed prior to the final judgment and the crime of this case committed prior to the final judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained, taking into account the case where the judgment was rendered simultaneously and equity pursuant to Article 39(1) of the Criminal Act, since the crime of this case is concurrent crimes under Article 37 of the Criminal Act.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) and (6) 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 charged and the evidence admitted by this court is as follows: "The defendant was sentenced to one and a half years of imprisonment with prison labor at the Seoul Western District Court on August 23, 2012 and appealed on August 27, 2012, but the dismissal of the appeal was made on October 12, 2012 and the above judgment became final and conclusive at that time" in the summary of the evidence of the judgment below. "1. The facts charged in the judgment of the court below: inquiry of criminal records, etc.; inquiry of criminal records, etc.; report on the results of confirmation; and each copy of the judgment is as shown in the corresponding column of the judgment of the court below; therefore, it is in accordance with Article 369 of the Criminal Procedure Act.