A defendant shall be punished by imprisonment for one year.

The defendant shall be subject to deception by the applicant.

A. The sentence of the lower court (the first instance court: 6 months of imprisonment; 2 years of suspended execution; 120 hours of community service; and 10 months of imprisonment) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, this Court tried by combining each appeal cases against the lower judgment. Each of the offenses of the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the lower judgment cannot be exempt from all reversal.

3. The judgment of the court below is reversed ex officio in accordance with Article 364 (2) of the Criminal Procedure Act without all of the judgment of the court below as to the defendant's improper assertion of sentencing and the prosecutor's improper assertion of sentencing against the judgment of the court of first instance, and the judgment below is reversed ex officio and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits with Sentence of Provisional Execution;

1. Where he/she commits a crime against an unspecified or large number of unspecified victims, or repeatedly commits a crime for a considerable period of time, in the aggravated area (one year to two years) of Class 1 (less than KRW 100,00) in general fraud on the sentencing guidelines;

2. Determination of sentence;