The judgment below

Of the judgment below, the part concerning the crime Nos. 1 through 3 is reversed.

The defendant is the first to third of the judgment of the court below.

1. The summary of the grounds for appeal (e.g., the form of imprisonment with prison labor for 6 months and 2 months for the crime No. 4 of the decision) of the court below is too unreasonable.

2. Ex officio determination

A. In light of the language, legislative intent, etc. of the relevant legal doctrine and the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence may not be imposed or the sentence may not be mitigated or exempted in consideration of equity and equity

On the other hand, Article 38 of the Criminal Act is not applicable to several crimes which have not yet been adjudicated before and after the final judgment became final and conclusive, since there is no final and conclusive judgment on the grounds that the crimes committed before and after the final and conclusive judgment cannot be judged concurrently with the crimes for which the final and conclusive judgment became final and conclusive, among several crimes, the relation of concurrent crimes under the former part of Article 37 of the Criminal Act is recognized and Article 38 of the Criminal Act is not applicable.

(See Supreme Court Decision 2014Do469 Decided March 27, 2014, etc.). B.

Before the judgment on the grounds for appeal regarding specific grounds for appeal, the defendant was sentenced ex officio on June 10, 2008 to imprisonment with prison labor for one year and two months in Busan District Court's Dong Branch on August 2, 2008, and the above judgment became final and conclusive on August 1, 2009 and the remaining term of imprisonment has expired on May 16, 2009. On January 19, 2011, the Busan District Court's Dong Branch Branch rendered two months imprisonment with prison labor for each crime of fraud against U andV against the victim W, and on May 16, 2011, the above judgment became final and conclusive on May 16, 201.

However, each crime of fraud against U and V, which became final and conclusive on May 16, 201, is committed prior to the date when the judgment of August 2, 2008 became final and conclusive.