The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for 1 year and 6 months, and 2 years: imprisonment with prison labor for 1 year and 1 year) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance. This court decided to hold concurrent hearings of the two appeals cases. Since the crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, since the crimes of the first and second judgment against the defendant are concurrent crimes under Article 38(1) of the Criminal Act, the guilty portion of the judgment of the court of first and the second judgment cannot be maintained.

3. Thus, the part of the judgment of the court below of first instance and the judgment of the court below of second instance are reversed ex officio. Thus, without examining the defendant's unfair argument about sentencing, the part of the judgment of the court below of first instance and the judgment of the court below of second instance among the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act are reversed, and it is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by the court is identical to the corresponding column of the first and second trials, and thus, the summary of facts and evidence is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Act on the Standards for Relevant Acts concerning the crime, Articles 109(1) and 36 of the Labor Standards for the Selection of Punishment (the point of payment of wages), Article 347(1) of the Criminal Act (the point of fraud), Article 239(1) of the Criminal Act (the point of fraud), Article 239(2) and Article 239(1) of the Criminal Act (the point of exercise of the above investigation) of each Criminal Act, Article 231 of the Criminal Act (the point of exercise of private document), Articles 234 and 231 of the Criminal Act (the point of exercise of the above investigation document)

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

1. Selection of each imprisonment with prison labor for a crime of violating the Labor Standards Act for the selection of punishment, each crime of fraud, fabrication of each private document, and fraud in the above-mentioned document;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.