The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, which is too unreasonable.

2. According to the records of ex officio determination, as the defendant was sentenced to three years of imprisonment for fraud at the Changwon District Court on October 7, 2016 and was sentenced to dismissal by the Supreme Court on May 11, 2017, the above judgment becomes final and conclusive. The crime of the judgment of the court below and the above fraud for which the judgment of the court below became final and conclusive are concurrent crimes with the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the court below in consideration of equity and cases where the judgment is to be rendered simultaneously and equity pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as follows: “Criminal facts” in the first part of the judgment of the court below was sentenced to three years of imprisonment with prison labor at the Changwon District Court on October 7, 2016, and the said judgment was finalized on May 11, 2017.

In addition, “1. The Defendant’s previous trial statement” and “1. The previous trial records in the judgment” are as indicated in each corresponding column of the judgment of the court below, except for the addition of “a final judgment” and “a final judgment: each corresponding column of the judgment of the court below.” As such, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. A crime of fraud in the judgment that became final and conclusive for the reason of sentencing under the latter part of Article 39(1) of the Exemption of Criminal Act (hereinafter “a final and conclusive crime of fraud”) is committed by the Defendant prior to the final and conclusive judgment.