All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the first instance judgment: imprisonment with prison labor for 1 year and the second instance judgment: imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

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

The Defendant filed each appeal against the lower judgment of the first and second lower court, and this Court decided to jointly deliberate on the instant appeal against the lower judgment [2018No. 2814] and the instant appeal against the lower court of the second instance [2018No. 6296].

Each of the crimes in the judgment of the court below Nos. 1 and 2 against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2, which sentenced a separate punishment against the defendant, cannot be maintained

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 of the court below is reversed in entirety, and the following is again decided after pleading.

[Re-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to each corresponding column of the judgment of the court below, except for the case where the "part of the defendant's legal statement" was changed to the "legal statement of the defendant at the trial court" column of "the summary of the evidence" of the judgment of the court of first instance. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions on criminal facts, Articles 225, 30 (a modification of official document), Articles 229, 225, and 30 (abstinence of modified official document) of the Criminal Act, Article 347(1) of the Criminal Act (abstinence of fraud and fraud of future Cret Loan Co., Ltd.) (abstinence of fraud), Articles 347(1) of the Criminal Act (abstinence of fraud) of the victim’s future Cret Loan

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.