A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to 1.5 million won.

Defendant. A fine.

2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to hold a joint hearing of each appeal against the judgment of the court below. On the other hand, all the offenses committed by the judgment of the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and the punishment should be sentenced within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 109(1) of the Labor Standards Act (the point of payment of wages and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act that the defendant has led to the confession of the crime of this case, the fact that the defendant has agreed to pay part of the money to the defrauded when the defendant was in a trial, and that he has no criminal record.