The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) against the defendant, the fact that the defendant supports his/her family, the fact that he/she did not have the intent to obtain fraud finally and conclusively from the beginning, and the fact that the damage was partially recovered, the court below’s sentence that sentenced six months of imprisonment is too unreasonable.

2. We examine ex officio prior to the determination of the grounds for appeal.

According to the statement of confirmation of the fixed date date, the defendant was sentenced to ten months of imprisonment with labor on July 11, 2014 by computer, etc. at the Seoul Central District Court on July 11, 2014 and confirmed on October 27, 2014.

However, since the crime of the decision of the court below committed by the defendant is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the above crime for which the judgment has become final and conclusive, punishment shall be determined in consideration of equity in the case where the judgment is to be

As a result, the lower court erred by exceeding the bounds of the Act and subordinate statutes that affected the conclusion of the judgment.

3. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are as follows: "The defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court on July 11, 2014 by means of computer fraud, etc. on October 27, 2014," and "1. Fixed Date Confirmation Statement" in the summary of the evidence;

1. In addition to adding "court rulings", each corresponding column of the judgment of the court below is the same as that of the judgment of the court below, and all of them are cited in accordance with Article 369

Application of Statutes

1. Article 347 (1) of the Criminal Act and the fraud by which the relevant provisions concerning the facts constituting an offense and the judgment of the choice of punishment are adopted:

1. The judgment of the first sentence of Article 37 and the first sentence of Article 39(1) of the Criminal Act dealing with concurrent crimes;