All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for eight months and the second instance judgment: imprisonment with prison labor for three months) is too unreasonable.

(b) The sentence of the second judgment of the Prosecutor (three months of imprisonment) is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor's authority, each case of the judgment of the court below that appealed by the defendant and the prosecutor was consolidated in the trial of the court below, and the facts constituting a crime against the defendant are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered concurrently in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the criminal defendant and the prosecutor’s unfair assertion of sentencing, and the judgment below is reversed in its entirety, and the following is determined through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that have no type 1 (less than KRW 100 million) [the scope of the recommended punishment] (the scope of the recommended punishment from June to June] basic area (the scope of the recommended punishment from June to June);

2. The defendant who was sentenced to punishment for the same kind of crime has been punished five times, and each of the crimes of this case was committed by deceiving victims as if the defendant had committed the construction work against ordinary people, and the method of crime is inadequate, and the total amount of damage is 64.