The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to eight months of imprisonment on November 15, 2012 by the Seoul Northern District Court for fraud, etc. on January 7, 2013. The above judgment became final and conclusive on January 7, 2013. Each crime in the judgment of the court below is in the concurrent relationship between the above judgment and the crime of fraud under the latter part of Article 37 of the Criminal Act, which became final and conclusive at the same time in accordance with Article 39(1) of the Criminal Act, and in consideration of equity, the judgment of the court below which did not take such measures cannot be maintained even though it was sentenced to punishment

3. Accordingly, 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.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court shall be deleted from the first head of the facts charged as indicated in the judgment of the court below, and except for adding "the defendant is sentenced to eight months of imprisonment with prison labor at the Seoul Northern District Court on November 15, 2012 and the above judgment became final and conclusive on January 7, 2013" to "the person who was sentenced to eight months of imprisonment with prison labor at the Seoul Northern District Court on November 15, 2012," as stated in

Application of Statutes

1. Article 347 (1) of the Criminal Act, Article 30 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act for the crimes in question;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.