All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal that each sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for the first instance court and two months of imprisonment for the second instance court) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The Defendant was sentenced to the lower judgment and the lower judgment, and filed an appeal against each of the above judgments, and this Court decided to jointly deliberate on the aforementioned two appeals cases.

However, since each crime of the first and second judgment against the defendant is concurrent crimes 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 in the first and second judgment cannot be maintained as it is.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each of the judgment below, 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 concerning criminal facts, Article 329 of the Criminal Act regarding the choice of punishment (abstinence, a punishment by imprisonment), Article 330 of the Criminal Act (abstinence by night room), Articles 342 and 330 of the Criminal Act (abstinence by night room), Article 347(1) of the Criminal Act (abstinence by night room), Article 347(1) of the Criminal Act (abstinence by fraud, choice of imprisonment), Article 70(1)3 (a) of the Act on Specialized Credit Financial Business, Article 360 of the Criminal Act (a) (abstinence by credit card, etc.), Article 360 of the Criminal Act (a) (abstinence by embezzlement of possession, and choice of imprisonment)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 32(4) and Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by Which an application for compensation was dismissed (the court below rejected the application for compensation but filed the same application for compensation again.