A defendant shall be punished by imprisonment for not more than ten months.

A. The punishment of each judgment of the court below against the defendant (No. 1: imprisonment with prison labor for 10 months and imprisonment for 2 months) is too unreasonable.

(b) The 2nd adjudication decision against the prosecutor accused is too unhued and unfair.

2. The Defendant appealed from each judgment of the court below (Provided, That with respect to the judgment of the court of first instance, only to the conviction except the dismissal of the compensation order and the compensation order), the prosecutor appealed against the judgment of the court of second instance, and the court of appeal decided to consolidate the appeals cases.

Therefore, since each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below (excluding the part of the court below's dismissal of the compensation order and compensation order among the judgment of the court below of first instance).

The same hereinafter) can not be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the unfair argument of sentencing by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows after the pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of each judgment of the court below. Thus, this is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (1) and the choice of punishment for the crime;

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

1. The scope of the recommended sentence stipulated in the sentencing guidelines [the scope of the recommended sentence] is concurrent crimes of the same kind for general fraud crimes, so the types shall be based on the amount obtained by adding profits according to the criteria for handling multiple crimes set out in the sentencing guidelines.