The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

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

According to the records, the defendant was sentenced on May 27, 2015 to imprisonment with prison labor for one year and six months at the Seoul Western District Court, and the above judgment became final and conclusive on November 4, 2016; ② on May 25, 2017, the Seoul Western District Court was sentenced to a suspended sentence of two years on October, 2017; and the above judgment became final and conclusive on June 2, 2017; ③ the previous conviction of the above crime was the crime committed before the final and conclusive judgment of the previous conviction of the crime of fraud.

Therefore, since both the instant crime and each of the instant frauds for which the said judgment has become final and conclusive are concurrent crimes in the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and mitigation or exemption of punishment by taking account of equity (see Supreme Court Decision 2008Do209, Oct. 23, 2008). However, in the application of the statutes under Article 39(1) of the Criminal Act, the lower court determined the punishment of this case after examining whether to simultaneously determine crimes for which each of the above judgments has become final and conclusive under Article 39(1) of the Criminal Act and whether to grant mitigation or exemption of punishment by taking into account equity and examining whether to grant mitigation or exemption of punishment (see Supreme Court Decision 2008Do209, Oct. 23, 2008).

Therefore, the judgment of the court below cannot be seen as being reversed.

3. If so, 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 below is reversed and it is again decided as follows after pleading.

Punishment of the crime

The criminal facts recognized by this court are as follows: "Final" was finalized in the second page 1 of the judgment of the court below, and the Seoul Western District Court sentenced on May 25, 2017 to the suspension of the execution of imprisonment with prison labor for 10 months.