The judgment of the court below is reversed.

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

1. The defendant asserts that the defendant's punishment of imprisonment (eight months of imprisonment) of the court below is too unfasible, and the prosecutor is too unfased and unreasonable.

2. Ex officio determination

A. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, where a crime for which judgment has not yet been rendered could not be judged concurrently with a crime for which judgment has already become final and conclusive, concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established and concurrent crimes under the latter part of Article 39(1) of the Criminal Act cannot be established, and the sentence cannot be mitigated or exempted

(see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). (B)

According to the records, the defendant was sentenced to imprisonment with prison labor from around October 208 to February 27, 2012, fraud from around July 3, 2013 to November 2013, and imprisonment with prison labor from around October 16, 2014 to about 3581, with prison labor from the Suwon District Court on October 16, 2014, with prison labor from around 203 to 3581, and with prison labor from around 206, 207 to about October 24, 2014, which became final and conclusive by the Seoul District Court on March 26, 2015 to be sentenced to imprisonment with prison labor from around 203 to April 4, 2017, and the judgment on March 26, 2015 to be sentenced to imprisonment with prison labor from around 206 to April 16, 205, and thus, was finally affirmed by the District Court on March 26, 2015.

C. However, the instant crime is a crime of fraud committed from April 5, 2017 to October 31, 2018, and a crime of fraud committed from March 7, 2017 to April 18, 2019.