The sentence against the accused shall be determined by one year and four months of imprisonment.

3.3.

A. The sentence of the lower court (the first instance judgment: imprisonment for a period of one year and six months, the second instance judgment: fine of 5,000,000, the additional collection of 3,500,000) is too unreasonable.

B. The Prosecutor’s sentence (the first instance court’s sentence: imprisonment with prison labor for a year and six months) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the lower court’s judgment is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 156 of the Criminal Act, Article 148-2(1)2 of the Road Traffic Act, Article 44(2) of the Road Traffic Act, Article 109 subparag. 1 of the Attorney-at-Law Act (the point of handling legal affairs by a person who is not an attorney-at-law), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to each of the crimes of fraud and false accusation)

1. Statutory mitigation under Articles 157, 153, and 55 (1) 3 (Article 157, 153, and 55 (1) 3) of the Criminal Act;

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

1. Article 116 of the Attorney-at-Law Act;

1. The Criminal Procedure Act;