All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for nine months.

, however, for two years from the date this judgment becomes final and conclusive.

1. In light of the gist of the grounds for appeal (as to the judgment of the court below), the punishment sentenced by the court below (as to the judgment of the court of first instance: imprisonment with prison labor for six months and that of second: imprisonment with prison labor for three months) is too unreasonable.

2. As the Defendant filed an appeal against the judgment of the court below in entirety, the case of appeal was consolidated and tried in the trial.

However, as long as each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render a judgment and sentence.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as shown in the corresponding column of the judgment of the court of first instance except for adding “1.1. Defendant’s oral statement” to “the summary of evidence” column of the judgment of the court of first instance, 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 overall control over the crime), Articles 152(1) and 31(1) of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor for the crime;

1. Articles 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions (as to the case of a perjury)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., conditions favorable to the accused under the following conditions);

1. The fact that the reason for sentencing under Article 62-2 of the Social Service Order Act was not agreed with the victim is disadvantageous to the defendant.

However, the defendant recognizes all crimes;