All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

One copy (No. 1) of a seized passbook shall be confiscated.

1. The summary of the reasons for appeal is that the respective punishment of the original judgment (the first instance judgment: imprisonment of three years, the number of punishment No. 1, and the second instance: imprisonment of four months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment below, and the court decided to hold the above appeal together with other appeals cases.

Each of the crimes committed by the lower judgment guilty is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Therefore, the lower judgment cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the defendant's unfair argument of sentencing.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraud point, Article 30 of the Criminal Act, Article 30 of the Criminal Act), Articles 231, 30 of the Criminal Act (the same Article as private documents), Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, each of the choice of punishment for the crime, and each of the choice of imprisonment

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Crimes 1 (C) of Article 48(1)1 of the Confiscation Criminal Act on the grounds of sentencing [the scope of recommending punishment] of Article 48(1)1 of the same Act on the grounds of general fraud [the scope of recommending punishment] of Type 2 of the General Aggravation (not less than KRW 100 million, but less than KRW 500 million) [2 years-6 months-9] of the Special Aggravation Area (Special Aggravation] of the Act on the Punishment of Crimes, or committed fraud by deceiving the court in the proceedings of trial, the crime No. 2 of the same repeated offense (Fraud againstU) [the scope of recommending punishment] of Type 1 of the General Fraud (100 million won).