The judgment of the court below is reversed.

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

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

1. The lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor, two years of suspended execution, and eight hours of community service) is deemed to be too unhued and unreasonable.

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

According to the records, the Defendant was sentenced to four months of imprisonment for fraud at the Gwangju District Court on August 17, 2016 and the above judgment became final and conclusive on November 24, 2016. However, the above crime and the above crime of fraud for which judgment has become final and conclusive on November 24, 2016 are in the relation of concurrent crimes after Article 37 of the Criminal Act and should be sentenced to punishment for each crime in consideration of equity with which judgment is concurrently rendered in accordance with the main sentence of Article 39(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. 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 of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the first head of the lower judgment on August 17, 2016 and the judgment on November 24, 2016 became final and conclusive on November 24, 2016.

“1. Pursuant to Article 369 of the Criminal Procedure Act, “A previous conviction in the judgment of 1.” is the same as the corresponding column of the judgment of the court below, except for the addition of “a criminal report (including the list No. 8, attached documents)” in the main part of the evidence.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment prescribed for a violation of the Labor Standards Act for each worker, between a violation of the retirement benefit security of workers, between a violation of the said Act and a violation of the said Act, and a punishment prescribed for a violation of the said Act, the quality of which is heavier);

1. Selection of penalty: