The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

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

"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive

According to the records, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Daejeon District Court on December 5, 2013 and the said judgment became final and conclusive on December 13, 2013, and on September 30, 2016, the Seoul Southern District Court sentenced the Defendant to eight months of imprisonment for a crime of fraud at the Seoul Southern District Court on September 30, 2016 and became final and conclusive on October 8, 2016.

Therefore, the judgment of the court below which did not sentence punishment for the instant crime in consideration of equity and the case of judgment at the same time with each of the above judgments, is erroneous in the misunderstanding of legal principles as to the concurrent crimes by the latter part of Article 37 of the Criminal Act, which affected

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

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The first sentence of Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That the first sentence of Article 39 (1);

1. Grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes