All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. Each sentence of the lower court (the first judgment: imprisonment with prison labor for two years, and the second judgment: imprisonment with prison labor for five months) is too unreasonable.

B. The Prosecutor’s each of the above punishments by the lower court is too uneasible and unreasonable.

2. Prior to the determination of the grounds for appeal ex officio, the first and second original judgments were rendered, and the defendant and the prosecutor respectively filed an appeal, and the court decided to jointly examine each of the above appeal cases.

Each of the lower judgment's respective offenses against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced in accordance with Article 38 (1) of the Criminal Act. Accordingly, each of the lower judgment cannot be maintained as it is.

3. As such, each court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's allegation of unfair sentencing, and it is again decided as follows through oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) changing the phrase “the Jeonju area” in the first sentence of the judgment of the court of first instance to “the Jeonju District Court” and adding “the Defendant’s oral statement at the trial on the first hand” in the main text of the evidence to “the first instance court’s statement at the trial” as stated in each corresponding column of the judgment of each court; and (b)

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Articles 347(1) of the Criminal Act; the choice of imprisonment for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act;

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

1. Article 62 (1) of the Criminal Act on probation;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. The range of recommendations [the range of recommendations] the general fraud type 2 (not less than 100 million won, but less than 500 million won).