The judgment of the first instance is reversed.

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

1. The summary of the grounds for appeal (e.g., fraud and larceny) in light of the fact that the defendant repeats several times to commit a crime, such as fraud and larceny, and does not seem to have an attitude to reflect, the first instance court's imprisonment is too uncomfortable and unfair.

2. Before determining the grounds for appeal ex officio, the record reveals that the Defendant was sentenced to ten months of imprisonment with prison labor by larceny, etc. at the Seoul Central District Court on July 17, 2014, and the judgment became final and conclusive on July 25, 2014. Each of the crimes of larceny, etc., for which the judgment became final and conclusive, is in concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to the concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and determines punishment after considering equity in cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. Thus, the judgment of

3. Accordingly, the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as shown in the corresponding column of the judgment of the court of first instance, except for adding "the defendant was sentenced to ten months of imprisonment with prison labor by larceny, etc. at the Seoul Central District Court on July 17, 2014, and such judgment became final and conclusive on July 25, 2014" to all the facts constituting the crime of the court of first instance. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include the instant crime even though the Defendant had been punished several times for the same kind of crime.