The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The main point of the grounds for appeal is that of the lower court’s imprisonment with prison labor for not less than ten months, which is deemed to be too unhued and unreasonable.

2. The judgment of the Defendant committed each of the instant intangible types of crimes on around five occasions in a short period of about twenty (20) days, including a total of five (5) entertainment taverns and having no ability to settle accounts with them, and even though the degree of damage (total of 4.88 million won) is not less than that of the Plaintiff, there is no change in damage so long. Most of all, the Defendant, even before, did not reflect the past, even though he had been punished at least 20 times due to criminal fraud of the same veterinary act, was arrested as a flagrant offender at the time of the crime committed on February 19, 2013, and even after being arrested as a flagrant offender at the time of the request for a warrant of detention was released as a result of the dismissal of the request for a warrant of detention, taking into account the fact that the crime was very very unusual and inferior, and thus, the Defendant appears to need to be subject to the punishment of the Defendant, even if having been suffering from the Defendant’s mental and physical disorder for a considerable period of time, and thus, considered the age of recidivism of the Defendant’s age of recidivism.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.