The judgment of the court below is reversed.

The defendant is punished by imprisonment with prison labor for the crime of fraud in 2016 order3018 at the time of the original adjudication.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable as the punishment (one year of imprisonment) is too unreasonable.

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

On January 10, 2014, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on January 28, 2014, or is significant in this court. In the case of fraud for which judgment became final and conclusive and fraud for which judgment was rendered, the sentence shall be determined in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act. In the application of the lower judgment, the lower court’s judgment is unable to be maintained as it is, since there is omission of concurrent treatment of fraud for fraud for the Defendant’s original judgment under Article 2016Da3465 of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence against the defendant recognized by this court is as follows: "The defendant was released on June 30, 2014 and the parole period has elapsed on August 7, 2014, after being sentenced to imprisonment of one year and two months for fraud in this court on January 10, 2014," and "the defendant was sentenced to imprisonment of one year and two months at the Incheon District Court on January 10, 2014 for fraud, and the judgment became final and conclusive on January 28, 2014, and was released on June 20, 2014 and the parole period has elapsed on August 7, 2014 during the execution of the above sentence," and therefore, it is identical to each corresponding column of the judgment of the court below, except for the case where "the defendant was released on June 20, 2014 and the parole period has expired on August 7, 2014."

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;