The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The sentence imposed by the court below (for four months of imprisonment and one year of suspended execution) shall be too unhued and unfair.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the evidence duly adopted and investigated by the trial court, the defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. on August 31, 2016, in the Sungnam Support of Suwon Friwon, and the judgment became final and conclusive on December 2, 2016.

Therefore, the crime of fraud, etc., for which judgment has become final and conclusive, and the crime in the judgment of the court below against the defendant is related to the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime in the judgment of the court below in consideration of equity in the case of concurrent judgments pursuant to Article 39 (1) of the Criminal Act. In this regard

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting a crime and evidence admitted by the court and the summary of the evidence are the first head of the "criminal facts" of the judgment of the court below. The judgment of the court below became final and conclusive on December 2, 2016, when the defendant was sentenced to six months of imprisonment due to fraud, etc. in the support of Suwon and Suwon Friwon, which was committed on August 31, 2016.

“A summary of evidence” is as follows: “A copy of the judgment: a copy of the text of the judgment; and a summary information inquiry of the case” is added at the last time; therefore, it is identical to each corresponding column of the judgment of the court below; thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances deemed as the following reasons for sentencing) is as follows.