The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (long-term 2 years of imprisonment, short-term 1 year and 6 months) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. According to the ex officio judgment records, the defendant was a juvenile under the Juvenile Act at the time when the judgment of the court below was rendered with AF birth, but he became an adult in the past.

Therefore, the judgment of the court below that sentenced the defendant to an illegal sentence by the Juvenile Act was no longer maintained.

3. The applicant is not the victim of the crime of this case, and thus the application for the compensation order is not a supplementary law.

4. In conclusion, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's improper assertion of sentencing, and it is again decided after pleading as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 32 (1) 1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the type 1 (the amount of less than KRW 100 million) (the types of fraud in each judgment is less than KRW 100 million because each crime of fraud is concurrent crimes in the same group] / (the amount calculated on the basis of the sum of gains] the case for unspecified or multiple victims (the person subject to special sentencing] / [the scope of the recommended territory and the recommended punishment] 2 years and 6 months to 4 years (the area of aggravation);

2. One year (the defendant shall be disadvantageous to him); and