The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, according to each of the following facts: (a) the defendant's oral statement at the court below, the defendant's report on investigation (Attachment of the judgment attached to the same case as the suspect) and the statement of the judgment, on October 21, 2016, the defendant is sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan District Court's Dong Branch branch branch branch branch branch, and the judgment becomes final and conclusive on February 24, 2017; and (b) the above previous conviction is obvious that the crime of this case and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the judgment of the court below which became final and conclusive on the grounds that all of the crimes of this case and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes are concurrent crimes after Article 37 of the Criminal Act, and the punishment of this case cannot be maintained (see Supreme Court Decision 2009Do208, Oct. 23, 209).

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court in question is that the first head of the judgment of the court below is "the person for whom the judgment of April 17, 2015 became final and conclusive and has no certain occupation."

"The above judgment was finalized on April 17, 2015, and on October 21, 2016, the Busan District Court was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Dong branch branch court of the Busan District Court, and the judgment was finalized on February 24, 2017.

“On the other hand, the summary of the evidence is as follows: “Investigation Report (Report on the previous conviction and the result of confirmation of the disposition).”