The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that of the lower court’s punishment (two months of imprisonment and two years of suspended execution) is unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Suwon District Court on January 16, 2014, sentenced to a suspended sentence of two years on one year and four months to be punished for fraud, and the above judgment became final and conclusive on January 24, 2014. Each of the above frauds and the instant frauds for which judgment has become final and conclusive are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, after considering the equity and the reduction or exemption of punishment pursuant to Article 39(1) of the Criminal Act, and examining whether to reduce or exempt punishment. The judgment of the court below omitted the processing of concurrent crimes, and thus the judgment of the court below is no longer maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the following decision is made through oral argument.

[C] The summary of the criminal facts and evidence against the defendant recognized by the court in light of the summary of the criminal facts and evidence is as follows: "The defendant was sentenced to a suspended sentence of two years on January 16, 2014 at the Suwon District Court, which was sentenced to a suspended sentence of one year and four months for fraud, and the above judgment became final and conclusive on January 24, 2014," and "1." The summary of the evidence is as stated in the judgment of the court below: criminal records, investigation reports (report on the progress of separate criminal cases against the suspect), investigation reports (report on the progress of separate criminal cases), investigation reports (attached to the judgment of the court of first instance in the appeal), and investigation reports (prior to the final and conclusive judgment)" are as stated in the corresponding column of the judgment of the court below, except for addition of criminal records, investigation reports, and investigation reports (prior to the final judgment)

Application of Statutes

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.