The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (4 months of imprisonment) is too unreasonable.

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

According to the records, the defendant was sentenced to a suspended sentence of one year for four months for embezzlement at the Seoul Southern District Court on April 21, 2016, and the above judgment became final and conclusive on September 23, 2016, and the defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court on April 7, 2017, and the above judgment became final and conclusive on May 29, 2017.

Therefore, the above ① The crime of this case and the judgment become final and conclusive before the day when the judgment of the previous offense became final and conclusive. ② Since all the crimes of the previous offense are concurrent crimes with the latter part of Article 37 of the Criminal Act, the punishment of this case should be determined after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2008Do209, Oct. 23, 2008). In order to explain the application of the provisions of Article 39(1) of the Criminal Act, the court below stated only one previous offense and failed to enter the previous offense.

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

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is ruled as follows through pleading.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court are all criminal facts of the judgment below. The defendant is punished by imprisonment with prison labor for six months at the Incheon District Court on April 7, 2017.