A defendant shall be punished by imprisonment for two years.

The punishment of the court below against the defendant (two years of imprisonment) is too unreasonable.

In a case where the confession of a defendant ex officio is the only evidence against him, it shall not be admitted as evidence of guilt. Thus, in a case where the defendant is found guilty on the basis of his confession without any supporting evidence, it shall be deemed that there is an error of law affecting the conclusion of the

(See Supreme Court Decision 2007Do7835 Decided November 29, 2007. However, the court below omitted the evidence of reinforcement in the summary of the evidence while recognizing the guilty of each fraud among the facts charged [2013No. 14]. Of the judgment below, the above part of the judgment below erred in violation of Article 310 of the Criminal Procedure Act, which affected the conclusion of the judgment, and the judgment of the court below which sentenced the above part and the remaining crimes as concurrent crimes under the former part of Article 37 of the Criminal Act, cannot be maintained.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the summary of the evidence [1.O and W] among the judgment of the court below, each police protocol of 1.O and W;

1. Except for the addition of S’s written statement, it is identical to each corresponding part of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1), 311, 283(1), and 319(1) of the Criminal Act applicable to the relevant criminal facts of the crime, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.