All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a year and ten months, and a fine of one hundred thousand won.

The defendant above.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for one year, and the second instance judgment: imprisonment with prison labor for one year and fine for one hundred thousand won) is too unreasonable.

B. The sentence of the first instance judgment by the prosecutor is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

As each case of the judgment of the court below against the defendant and the prosecutor appealed in the trial, each crime of the judgment of the court below against the defendant becomes concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and shall be concurrently sentenced and sentenced to one punishment in accordance with Article 38 of the Criminal Act. As such, the judgment of the court below which sentenced a separate punishment for each of the above crimes cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment below is reversed, and it is so decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of the evidence is identical to each corresponding column of the judgment below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 36(1) of the Criminal Act, Article 3(1)39 of the Punishment of Minor Offenses Act, Article 3(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, the choice of punishment for the crime;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the crime of fraud among the crimes of this case.