The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court on December 26, 2016, and the judgment became final and conclusive on February 15, 2017. Thus, the above crime and the above crime of fraud, etc., for which the judgment of the court below against the Defendant became final and conclusive on February 15, 2017, shall be sentenced to punishment for each crime under the judgment of the court below in consideration of equity in cases where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act, and thus, the judgment of the court below

3. 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 of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-use] The summary of facts constituting an offense and evidence acknowledged by the court against the defendant and the summary of the evidence are as follows: “The defendant was sentenced to imprisonment with prison labor for one year at the Busan District Court on December 26, 2016 and the above judgment was finalized on February 15, 2017.”

In addition, “the summary of evidence” was added to “1. Before the judgment: Before the end,” the Supreme Court’s search and judgment (the Busan District Court 2016 order 4068) is as stated in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (the embezzlement of possession) and Article 362(1) of the Criminal Act (the possession of stolens), Article 230 of the Criminal Act (the possession of stolens), Article 230 of the Criminal Act, Article 231 of the Criminal Act (the use of stolens), Articles 234 and 231 of the Criminal Act (the use of private document) of each Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act (the use of falsifieds) of each Criminal Act, Articles 352 and 347(1) (the attempted fraud) of the Criminal Act.