All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for nine months.

1. The decision of the court below on the gist of the reasons for appeal (No. 1: imprisonment of 6 months and imprisonment of 4 months) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 87(3) of the Military Service Act (the point where a physical examination is not performed), Article 329 of the Criminal Act (the intention of Section 329, the choice of imprisonment), Article 347(1) of the Criminal Act (the fraudulent point, the choice of imprisonment), Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement, including the point of occupational embezzlement, the choice of imprisonment), Articles 356 and 355(2) of the Criminal Act (the point of occupational breach of trust, including the point of occupational breach of trust), Articles 356 and 355(2) of the Criminal Act (the choice of imprisonment);

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

3. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes on duty which are the most severe punishment and punishment).

1. Application of the sentencing criteria;

(a) A Class 1 crime (the scope of punishment for larceny) / [the scope of punishment for larceny] : A same type of larceny for general property (general larceny) which does not fall under the aggravated area (10 months to 2 years) (special aggravation) (special aggravation)

(b) Class 2 (Offense of Fraud) (Scope of the recommended punishment) in general fraud.