All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

The summary of the grounds for appeal by the defendant is that each punishment (one year and six months of imprisonment and eight months of imprisonment) sentenced by the court below (the first judgment of the court below: the second judgment of the court of the court below) is too unreasonable.

Prior to the judgment on the grounds for appeal by the defendant, the appeal case against the judgment of the court below was consolidated. Each of the offenses in the judgment of the court below against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[C] The facts constituting an offense and the summary of the evidence recognized by the court are identical to the facts constituting an offense and the summary of the evidence, and the summary of the evidence are the same as the corresponding columns of the first and second original judgments. Thus, they are cited under Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 347(1) (Fraud, Selection of Imprisonment), 217, and 214 of the Criminal Act, Articles 109(1) and 36 of the Labor Standards Act, Articles 356 and 355(2) of the Criminal Act (the occupation of occupational breach of trust and the choice of imprisonment) of the Criminal Act;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes is the amount which the defendant acquired by deception from the victim D is larger than 200 million won, and thus, it is not possible to reach an agreement with the victim. Furthermore, a promissory note, which has been forged, shall be known to L even though it is not recovered from the victim D.