All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for 2 years and 6 months, and the second instance: imprisonment for 8 months) of the lower court is too unreasonable.

Before the judgment on the grounds for appeal ex officio is based on the judgment of the court below, the defendant filed an appeal against the judgment of the court below, and this court decided to hold a joint hearing of all the above appeal cases.

However, since each of the offenses against the defendants in the first and second judgment constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act, and the judgment of the court below cannot be maintained any more.

Therefore, 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 below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of the above Article of private document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document), Article 3 (1) and the proviso of Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence) Article 268 of the Criminal Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 151 of the Road Traffic Act (the point of causing occupational negligence)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment without prison labor and each choice of imprisonment with prison labor for the remaining crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Class 1 of the sentencing criteria (the scope of recommendations) is the first offense (the scope of recommendations) to which the sentencing criteria apply, and the second type is the general fraud (the amount of 100 million won or more);