The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. There is no misunderstanding of facts between C and C, and there is no conspiracy between C and C to obtain a bill from the victim.

The Defendant was unaware of the fact that C was able to assume the full liability for the payment of discounted bills, and that H (hereinafter “H”) was issued by the victim as the addressee, and that H was not aware of the fact that H was liable for returning the bill to the victim or for paying the discounted amount of the bill.

Nevertheless, the lower court erred by misapprehending the fact that it found the Defendant guilty of the facts charged of this case.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Ex officio determination of “a crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive” falls under concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, where a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act are concurrently adjudicated and a crime for which judgment has not become final and conclusive under Article 39(1) of the Criminal Act is to be sentenced to punishment for such crime, taking into account equity and equity, in cases where a crime for which judgment has not yet become final

(See Supreme Court Decisions 2014Do469 Decided March 27, 2014; 2013Do12003 Decided May 16, 2014, etc.). According to the records, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court on December 14, 2012, and the judgment became final and conclusive on December 18, 2012 (hereinafter referred to as “the first final and conclusive judgment”). On September 25, 2014, the Defendant was sentenced to six (6) months of imprisonment for fraud at the Gwangju District Court, two (2) years of suspended execution, and on October 7, 2015, the said judgment became final and conclusive (hereinafter referred to as “the second final judgment”), Article 2 rights to evidence records, and Article 659 of the final and conclusive judgment, while the crime of the second final and conclusive judgment is a final and conclusive judgment on December 18, 2012.