The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act for ex officio determination, if a crime for which no judgment has yet been rendered could not be judged concurrently with a crime for which judgment has already become final and conclusive, a concurrent crime relationship under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence cannot be imposed or the sentence may not be mitigated or exempted in consideration of equity and equity with

(2) The crime of this case is committed on or before November 14, 2017 by the Defendant, who was sentenced to a suspended sentence of one year for three months, due to the crime of forging private documents at the Seoul Eastern District Court (see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). However, the crime of this case committed on or before the judgment becomes final and conclusive on June 11, 2015, which became final and conclusive on or before the judgment became final and conclusive on November 14, 2017, since the crime of this case for which the judgment became final and conclusive on November 14, 2017 and the crime of this case, which became final and conclusive on or before the judgment became final and conclusive on November 14, 2017, are not subject to concurrent crimes under Article 37(1) of the Criminal Act.

Nevertheless, the judgment of the court below which rendered concurrent treatment under the latter part of Article 37 of the Criminal Act, on the ground that the crime of fraud in this case and the crime of November 14, 2017, which became final and conclusive, could have been adjudicated simultaneously at the same time

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Reason for the Judgment of the Supreme Court】 Facts constituting a crime and the summary of evidence recognized by the court.