All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

1. The summary of the reasons for appeal is that each of the judgments of the court below (No. 1 year of imprisonment, two years of probation, 80 hours of community service, 2 years of probation, 1 year of probation, 1 year of probation, 1 year of probation) is too unfeasible and unfair.

(3) As long as a prosecutor appealed only for the guilty portion of the first instance judgment on the ground of the illegality of sentencing, the violation of road traffic law, which is judged to be dismissed on the ground of the first instance judgment, is judged to be dismissed on the ground of the reasoning of the first instance judgment, is judged to be reversed in the trial due to the indivisible principle of appeal, but is in fact exempted from the object of attack and defense between the parties, and thus, the judgment of the court below on this part is to be followed, and no separate judgment is to be made).

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

In the first instance trial, the appeal cases of the lower judgment were combined, and each of the crimes in the lower judgment’s holding are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the concurrent crimes under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s improper assertion of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, choice of imprisonment without prison labor), Article 347(1) of the Criminal Act (the fraud, choice of imprisonment with prison labor), and Article 49 of the Electronic Financial Transactions Act.