The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a period of two years and two months.

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 2 months) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act with the part of the judgment of the court of first instance regarding the defendant and the judgment of the court of second instance, without examining the defendant's improper assertion of sentencing, on the grounds that the judgment of the court below is reversed ex officio as seen above, and it

Criminal facts

The summary of the evidence and the criminal facts recognized by this court and the summary of the evidence are as follows: “1. Before the judgment, a reply to inquiry, such as criminal history, investigation report (report attached to a copy of the judgment)” is added to the column for the evidence of the original judgment, and “1. Before the judgment, a reply to inquiry, such as criminal history, etc., and an investigation report (verification of the progress of the judgment, etc.)” is added to the column for the evidence of the original judgment, and the “1. Before the judgment, a reply to inquiry, such as criminal history, etc., and a criminal investigation report (verification of the progress of the judgment, etc.)” was terminated.

“Along with the same [criminal history] part 2 to 4 acts, the person is in Busan District Court’s Dong Branch of the District Court on April 26, 2017.

Except for the deletion of “”, each of the relevant columns of the lower judgment is identical to that of the lower judgment, and thus, the same shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment with prison labor) and Article 231 of the Criminal Act (the point of Article 34 of the Private Document and the punishment by imprisonment with prison labor) for criminal facts.