The judgment of the court below is reversed.

The defendant is punished by imprisonment with prison labor for the first and second crimes as stated in the judgment of the court below, and the third crimes as stated in the judgment of the court below.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment and two months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the judgment defendant, by deceiving victims, has a considerable amount of money, and that the defendant committed a crime even though he was suspended, is disadvantageous to the defendant.

On the other hand, the fact that the defendant agreed with the victims in the trial and agreed that the victims would take the front of the defendant, and in the case of crimes Nos. 1 and 2 of the decision of the court below, the principle of equity should be considered at the same time.

In addition, comprehensively taking into account the circumstances leading to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is difficult to accept.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

(3) Article 369 of the Criminal Procedure Act provides that “The appeal by the prosecutor shall not be dismissed separately, inasmuch as the appeal by the defendant is accepted and the judgment of the court below is reversed.”

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes: Provided, That in light of the language and text of Article 37 and Article 39(1) of the Criminal Act and the purpose of legislation, if a crime for which judgment has not yet been rendered cannot be ruled concurrently with the crime for which judgment has already become final and conclusive, it shall be simultaneously decided in accordance with Article 39(1) of the Criminal Act.