The judgment below

The guilty part shall be reversed.

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

Each of the facts charged in this case.

1. Scope of adjudication of this court;

A. In a retrial procedure, the establishment of a crime for retrial cannot be reversed by re-examination as to the part of a crime without any ground for retrial. However, in a final and conclusive judgment which found several concurrent crimes guilty and rendered one sentence as guilty, where it is recognized that there exist grounds for request for retrial only for a part of the facts constituting a crime among them, a decision to commence retrial has to be made as to the whole of the judgment. However, inasmuch as the effect of the decision to commence retrial as to the facts constituting a crime for which no ground for retrial exists under the nature of the retrial system, which is an extraordinary remedy, is included in the object of a trial formally, the retrial court cannot reverse its conviction by re-examination and re-examination. However, since the new sentence should be imposed on that part, only to the extent necessary for sentencing can be deliberated only.

B. (Supreme Court Decision 2001Do1239 Decided July 13, 2001, etc.).

Therefore, among the judgment subject to a retrial, only to the extent necessary for sentencing should be deliberated on the part of fraud without any grounds for retrial.

2. The gist of grounds for appeal (the omission of grounds for appeal concerning the part concerning the fraudulent offense);

A. The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

3. We examine ex officio prior to the judgment on the grounds for appeal.

A. Article 47(3) of the Constitutional Court Act, where a previous case has been decided to be constitutional, shall lose its effect retroactively on the day following the day on which the previous case is decided to be constitutional (Article 47(3) of the Constitutional Court Act); where its effect has been lost, the defendant's case which was prosecuted by applying the pertinent provision shall not become a crime

B. The Constitutional Court on October 30, 2008 held on September 30, 1953.