The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. Ex officio prior to examining the grounds for appeal by the defendant and his/her defense counsel, Article 37 of the Criminal Act provides, “The crimes for which judgment has not become final or sentenced to imprisonment without prison labor or a heavier punishment and the crimes for which judgment has become final and conclusive prior to the final or conclusive judgment shall be concurrent crimes.” Accordingly, Article 39 of the Criminal Act provides, “When there are concurrent crimes which have not been adjudicated among concurrent crimes, the crimes for which judgment has not become final and conclusive shall be sentenced in consideration of equity in cases where the crime and the final judgment are concurrently adjudicated.”

In such cases, the punishment may be mitigated or exempted."

The Defendant was sentenced to eight months of imprisonment on March 29, 2005 for occupational embezzlement at the Suwon Friwon, and the above judgment became final and conclusive on April 7, 2005. On October 12, 2007, the Seoul Central District Court sentenced two years of suspension of execution on August 2007 due to the charge of forging securities, etc., and the above judgment became final and conclusive on October 20, 2007. The crime of forging securities, etc. was committed on January 18, 2004 and the crime of forging securities was committed in the relation of the crime of embezzlement of occupational embezzlement after Article 37 of the Criminal Act, and thus, the fact that a sentence considering equity is imposed at the same time pursuant to Article 39(1) is recognized in records or is significant in this court.

In this regard, the court below, in the first head of the crime history of the judgment, "the defendant was sentenced to eight months from March 29, 2005 to be punished by embezzlement, and the execution of the sentence was completed at the Suwon Detention House on July 20, 2005, and on October 12, 2007, the Seoul Central District Court sentenced the suspension of the execution of the sentence to eight months for the crime of forging securities, etc.

After the statement of ", on January 11, 2008, after Article 37 of the Criminal Act was applied to the criminal facts of this case committed by the defendant who was committed on or around January 11, 2008, the above crime of fabrication of securities is judged at the same time after the application of Article 39 (1).