The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s grounds for appeal.

According to the statement, etc. at the court of the trial of the defendant, the defendant was sentenced to four months of imprisonment for fraud at the Seoul Southern District Court on January 22, 2016 and two years of suspended execution, and the judgment became final and conclusive on January 30, 2016.

As above, in relation to the crime of fraud for which judgment has become final and conclusive and the crime of this case, the punishment for the crime of this case shall be determined by taking account of equity in cases where judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act in the relationship of concurrent crimes after Article 37 of

Nevertheless, the judgment of the court below cannot be maintained any longer, since the application of the laws and regulations of the court below did not contain concurrent crimes.

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The first head of the judgment of the court below, "The defendant was sentenced on January 22, 2016 to imprisonment with prison labor for 4 months at the Seoul Southern District Court for fraud and on January 30, 2016, and the judgment became final and conclusive as is, on January 30, 2016.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. A previous conviction in the judgment” to the last head of the evidence at the end, and thus, it is also cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Criminal Act, the suspension of execution;