We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by each court below (No. 1 and No. 2) (No. 1 and 2: imprisonment with prison labor for 1 year, and imprisonment with prison labor for 2 months) is too unreasonable.

B. The prosecutor (the judgment of the court of first instance against the judgment of the court below)’s sentence is too unfluent and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the appeal case against the lower judgment was consolidated in the first instance court, and each of the offenses in the lower judgment’s judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. As such, the lower judgment was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the aforementioned ex officio reversal grounds. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is decided through pleadings.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are 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 concerning the crime (the fraud point and the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 1 in the scope of the sentencing guidelines for the sentencing guidelines (2017 high group 2139) / [the scope of the recommendation] types No. 1 (100 million won or less) in the mitigation area (1-1 year or more) [the person who is specially mitigated] in the mitigation area (1-1 year or damage recovery to a considerable portion), crimes No. 2 in the basic area (2018 high group 650) [the scope of the recommended punishment] (6-10 million won or less) in the basic area (6-1 year or 6 months) of the basic area (6-1 year or 6 months) in the general fraud (the person who is subject to special sentencing] in the number of multiple crimes for which there is no person subject to multiple punishment: six months or two years:

2. Determination of sentence: 5,365,300 won in total, and the Defendant.