The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for the crimes of No. 1-A and No. 2 in the judgment of the court below, one and half years.

The summary of the grounds for appeal (the fraud of Section 1 in the judgment below) was erroneous (the fraud of Section 1 in the judgment below). Some of the money was discounted in cash through D to Victim E Co., Ltd. (hereinafter “victim E”), and the part used by the Defendant was endorsed by other bills issued by Y-Issuance Co., Ltd., and thus, the Defendant did not have the intention of defraudation.

The punishment sentenced by the court below (one year and six months of imprisonment and eight months of imprisonment) is too unreasonable.

Article 37 of the Criminal Act provides that the latter part of Article 37 of the Criminal Act provides that "any crime for which a judgment to punish with imprisonment without prison labor or a heavier punishment has become final and any crime committed before such judgment has become final and conclusive" shall be deemed concurrent crimes. Article 39 (1) of the Criminal Act provides that where there is any crime for which judgment has not been rendered among concurrent crimes, a punishment for such crime shall be imposed at the same time in consideration of equity and the case of a crime for which judgment

The Act stipulates.

In light of the language, legislative purport, etc. of each of the above provisions, if a crime for which judgment has not yet become final and conclusive could not be adjudicated simultaneously with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that a sentence shall not be imposed, or mitigated or exempted from punishment in consideration of equity and equity between cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do948, Oct. 27, 2011; 2012Do9295, Sept. 27, 2012; 2014Do469, Mar. 27, 2014). The lower court determined that among the instant crimes, the crime of this case, the crime of Article 1-A and Article 37-2 of the Criminal Act is in concurrent relationship between fraud and the crime of Article 37 of the Criminal Act.

On this part of the report, the latter part of Article 37 of the Criminal Code was applied, but the punishment was determined in consideration of equity in the case of a joint trial by applying Article 39, Paragraph 1 of the Criminal Code.

However, according to the records, the defendant was sentenced to imprisonment with prison labor on April 26, 2012, and was sentenced to eight months on April 26, 2012.