All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The punishment that the court below sentenced against the defendant (the court below's judgment 2 years of imprisonment: 4 months of imprisonment) is too unreasonable.

B. The Prosecutor’s second instance court’s imprisonment (four months of imprisonment) declared by the Defendant is too unhued and unreasonable.

2. Prior to the judgment on each of the grounds for appeal, the first and second court rendered ex officio a separate examination of the defendant with the Incheon District Court 2012 Godan10365, Incheon District Court 2012 Godan10365, and the Incheon District Court 2013 Godan1393, which decided not to apply the case of concurrent crimes under Article 38 of the Criminal Act. The defendant filed an appeal against each of the judgment below, and the prosecutor filed an appeal against the second judgment, and the court of the first and second court decided not to concurrently deliberate on the above two cases. The first and second court's each of the crimes against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus the sentence shall be determined within the prescribed scope of punishment by applying the case of concurrent crimes under Article 38 of the Criminal Act. In this regard, the judgment of the court below against

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by this court is as follows: the summary of facts and evidence is identical to the corresponding part of the judgment of the court of first and second instance, except for the modification to “conscing, taking advantage of,” and “conscing at the same time,” No. 2, No. 16 of the judgment of the court of first and second instance, thereby citing

Application of Statutes

1. Article 347(1) and Article 355(1) of the Criminal Act (the point of fraud), Article 355(1) of the same Act (the point of embezzlement) and Article 355 of the same Act, respectively, concerning the crime;