The judgment of the court below is reversed.

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

When seized gallons (No. 1) is 41 p.m.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and four months of imprisonment, confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Before the judgment on the grounds for appeal by the accused and the prosecutor ex officio, each crime in the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the sentence shall be determined by the method of determining the applicable sentences within the scope of the punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, but the court below erred by omitting aggravated concurrent crimes. In this regard, the judgment of the court below cannot be maintained further.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in a crime of fraud against victims D with heavy circumstances);

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime committed is very very very very very very serious, and there has been many social harm in Korea since the crime is very very serious, such as: (a) the subject of major crimes against the economically weak and the socially weak; (b) the occurrence of a situation where the victims are more difficult by using the brupted place; and (c) the serious damage to the trust of the state agencies of the general community members, financial institutions, etc., as well as the direct victims.