A defendant shall be punished by imprisonment for six years.

(a) The sentence sentenced to the Defendant by the first instance judgment of the Prosecutor (three years of imprisonment) is too unhued and unfair;

B. The punishment sentenced by the lower court (the first instance judgment: three years of imprisonment, and imprisonment with prison labor for two years) is too unreasonable.

2. We examine ex officio the grounds for appeal by the prosecutor against the judgment of the court of first instance, the grounds for appeal by the defendant, and the grounds for appeal by the defendant against the judgment of the court of second instance.

After the judgment of the court of first instance and the judgment of the court of second instance regarding the defendant, the prosecutor and the defendant filed each appeal against the judgment of the court of second instance, and the court of second instance decided to consolidate the two appeals cases.

Article 38(1) of the Criminal Act provides that each crime of the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court of second instance cannot be maintained

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's and the defendant's respective arguments for sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) in addition to adding “the Defendant’s legal statement in the appellate court” to the column for the evidence of the first instance judgment, the summary of the facts charged and the evidence is as stated in the corresponding column of each judgment of the court below; and (b) thus, they are cited by Article 3

Application of Statutes

1. Article 347(1) of the Criminal Act in relation to the facts constituting an offense (the point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and Article 355(1) of the Criminal Act (the point of uttering of the above investigation document) of the same Act; and Article 355(1) of the same Act of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the point of holding each relevant investigation document presented on the same day);

1. Selection of penalty: