The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

According to the records of this case, the defendant was sentenced on October 2, 2015, which was after the judgment of the court of first instance, to four months of imprisonment for a crime of fraud at the Gangnam Branch of the Chuncheon District Court, and the judgment became final and conclusive on November 2, 2015.

However, inasmuch as the crime of fraud for which judgment has become final and conclusive and the crime of fraud of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined by taking into account equity and equity in cases where judgment is to be concurrently rendered pursuant to Article 39(1) of the Criminal Act.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the following is again decided after oral argument.

[C] The summary of the facts constituting a crime and evidence admitted by this court is identical to each corresponding column of the judgment below, except for the addition of "the defendant was sentenced to four months in imprisonment with prison labor from the Gangnam Branch of the Chuncheon District Court on October 2, 2015, and the judgment became final and conclusive on November 2, 2015," to the first head of the facts constituting a crime and the summary of the evidence acknowledged by this court. Therefore, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the motive, background, means and consequence of the instant crime; (b) the circumstances before and after the instant crime; (c) the Defendant’s age; (d) character and conduct; (e) the environment; and (e) other conditions of sentencing as shown in the pleading. However, the Defendant recognized the instant crime and reflects it; and (e