The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended execution of one year imprisonment with prison labor) is too uneasy and unreasonable.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

Seized stolen property, the reasons for return to the victim of which are apparent, shall be sentenced to return to the victim by judgment (Article 333(1) of the Criminal Procedure Act); it shall be deemed that seizure of the seized property is rescinded unless return to the victim is made by judgment (Article 332 of the Criminal Procedure Act); and the investigative agency shall return the seized property to the victim.

According to the evidence duly admitted and examined by the court below, subparagraph 1 of the evidence that was seized by the investigative agency from the defendant was obtained by committing a fraudulent crime against the victim F as stated in the judgment below, and the reason for return to the victim F is apparent (the investigation record 211, 212 pages). The court below erred by omitting the notification that the evidence No. 1 seized by judgment pursuant to Article 333(1) of the Criminal Procedure Act should be returned to the victim F.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the prosecutor's improper argument about the sentencing.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, except for the correction of “protory transaction records” as “deposit transaction records” as the summary of the evidence of the court below’s judgment, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act and the choice of imprisonment with prison labor for the crime

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 Criminal Act on the suspended execution;

1. The Criminal Procedure for Return of Victims Act;