The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The sentencing of the lower court (two years of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio the victim S as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim S.

The nature of fraud under the Criminal Code does not have any explicit provision that maintains the same law and excludes the application of Article 354 of the Criminal Code with respect to the case of aggravated punishment under Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes. Thus, the above Article of the Act also applies to the crime of violation of Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

Therefore, according to the provisions of Articles 354 and 328 of the Criminal Code, the prosecution against this part of the charges can be instituted only when there is a complaint between lineal blood relatives, spouse, relatives living together, family members living together, or relatives other than their spouse.

According to the records, since the victim S is recognized as the defendant's friendship, this part of the facts charged can be prosecuted only when the above victim's complaint is filed pursuant to Articles 354 and 328 (2) of the Criminal Act concerning the precedent of relatives. However, there is no evidence to acknowledge that the above victim filed a complaint against the defendant.

Therefore, this part falls under the case where the procedure of prosecution is in violation of the law and is null and void, it is necessary to dismiss the public prosecution in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

However, the lower court found the Defendant guilty of this part, and furthermore, the part and the remainder that the lower court found guilty are all inclusive or there is a concurrent crime under the former part of Article 37 of the Criminal Act.

Since a single sentence has been imposed, the entire judgment of the court below can no longer be maintained.

3. 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 for sentencing, and the judgment of the court below is again reversed, and the pleading is followed as follows.