All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for the period of three years from the date this judgment becomes final and conclusive.

1. The sentence sentenced by the first instance court (for 4 months of imprisonment and 2 years of suspended execution) and the sentence sentenced by the second instance (for 1 year of imprisonment and 3 years of suspended execution) on the summary of the grounds for appeal (for 2 years of suspended execution) are too unreasonable.

2. We examine ex officio the judgment of the court below on the grounds of appeal by the defendant.

The judgment of the court below against the defendant was rendered and the defendant filed an appeal against all of the judgment below, and this court became a joint hearing in accordance with the consolidated hearing of the land jurisdiction of the Seoul High Court.

Since each of the judgment below's offenses 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 below cannot be maintained in its entirety.

3. As above, the judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing against the judgment below, 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. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 62(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as the issuance of a false tax invoice) and the latter part of Article 37 of the Criminal Act are concurrent crimes, where the reason for sentencing under Article 62(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes in which the judgment of each of the crime of fraud in this case has become final and conclusive.