The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. As to the summary of the reasons for appeal (4 months of imprisonment), the defendant asserts that the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. In full view of various circumstances, including the Defendant’s age, character and behavior, environment, background of the crime, means and method of the crime, etc., as well as the fact that the Defendant’s mistake is against himself, the crime of this case is in a ex post concurrent relationship with the crime of fraud, etc. when the judgment becomes final and conclusive, the total amount of damages, such as the crime of fraud, etc., is KRW 611 million and the total amount of imprisonment was sentenced for five years and three months. However, even if the crime of this case was adjudicated at the same time as the crime of this case became final and conclusive, the punishment would not be imposed more aggravated. In full view of the aforementioned circumstances, it is deemed unfair that the sentence imposed by the lower court is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal has merit, and the following judgment is rendered after pleading.

However, the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, and thus, the defendant's criminal facts and summary of evidence recognized by this court are identical to the description of each corresponding column of the judgment of the court below, and thus, they are cited 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment;