All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

(a) the sentence of the first instance judgment of the Prosecutor (one year of imprisonment) is too unhued and unreasonable;

B. The sentence of Defendant 2’s decision on the original adjudication (4 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the first and second judgments against the Defendant were rendered, and the prosecutor filed each appeal against the first and the second judgment against the Defendant, and the Defendant filed each appeal against the second judgment against the lower court, and this court decided to consolidate the two appeals cases.

However, 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 should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance cannot be maintained as it is.

3. If so, the judgment of the court below is reversed on the ground that there is a ground for reversal as seen above, and without further proceeding to decide on each of the unfair arguments of sentencing by the prosecutor and the defendant, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud), Article 329 of the Criminal Act, Article 319(1) of the Criminal Act, Article 70(1)3 (the point of intrusion upon a structure) of the Act, Article 70(1) of the Act on Specialized Credit Financial Business, and the choice of imprisonment with prison labor, respectively;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have many records of having been sentenced to juvenile protective disposition and suspended execution, and repeated committing the instant crime during the suspended execution period, and the method, frequency, and period of the instant crime.