We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal appealed from the lower court’s respective sentences (No. 1, 2, 1, 1 and 6 months of imprisonment, and 6 months of imprisonment), which were too unreasonable, and the prosecutor appealed from the lower court’s punishment as too unfluent and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The defendant filed an appeal against the judgment of the court below (the prosecutor also filed an appeal against the judgment of the court of first instance) and examined the appeal case in combination. Since each crime of the judgment of the court below is one type of concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced in accordance with Article 38 (1) 2 of the Criminal Act, it 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 above ex officio grounds for reversal of the judgment below. The judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

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

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment for a crime

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. Scope of punishment by law: Not more than 15 years of imprisonment;

2. Scope of recommended punishments on the sentencing criteria: Imprisonment with prison labor for a period of one year to five years.

(a) Class 1 crime (Fraud) [the scope of a recommendation] general fraud [the scope of a punishment] is one step out of the mitigated range of Class 3 (at least KRW 500,000, but less than KRW 5 billion) (one step out of the most serious one crime as a result of the addition of these types of concurrent crimes for one year.