The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a year.

1. Summary of grounds for appeal;

A. The sentence imposed by the first instance court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unhutiled and unfair.

B. The punishment sentenced by the second instance court (ten months of imprisonment) is too unreasonable.

2. Before making ex officio judgments on the grounds for appeal by the prosecutor and the defendant, the first and second court rendered a separate examination and rendered a judgment of conviction against the defendant, and the prosecutor decided to jointly examine the appeal against the judgment of the first instance and the appeal against the defendant against the judgment of the second instance.

However, each crime of the judgment below 1 and 2 is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes should be sentenced within the scope of the term of punishment imposed pursuant to Article 38(1) of the Criminal Act.

Therefore, among the judgment of the court of first instance and the judgment of the court of second instance, the part against the defendant can no longer be maintained in this respect.

3. As such, the part concerning the defendant among the judgment of the court of first instance and the judgment of the court of second instance on the grounds of the above ex officio reversal, without examining each of the grounds for unfair sentencing by the prosecutor and the defendant pursuant to Article 364(2) of the Criminal Procedure Act, the part concerning the defendant among the judgment of the court of first instance and the judgment of the court of

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act and Article 214 (1) of the Criminal Act: The occupation of exercising forged securities under Article 217 and Article 214 (1) of the Criminal Act: Fraud under Articles 217 and 214 (1) of the Criminal Act: Articles 347 (1) and 30 of the Criminal Act; the choice of imprisonment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.