All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal (No. 1: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 5 months) is too unreasonable.

2. Upon ex officio determination, the court of original judgment Nos. 1 and 2 sentenced the defendant to a separate trial by the Incheon District Court No. 201Kadan6166 and the Incheon District Court No. 2013 Godan2808, respectively. The defendant filed an appeal against each of the above two cases and the court of original judgment decided that the above two cases will be consolidated and tried. The crimes of the court of original judgment Nos. 1 and 2 against the defendant shall be sentenced to a single sentence within the scope of punishment determined by applying the precedent of concurrent crimes under Article 38 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.

3. Accordingly, 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, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court of first and second instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 347 (1) of the Criminal Act (the point of fraud), and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the same accused as the following)

1. According to the "agreement" in the name of the applicant for compensation submitted to this court under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, the applicant for compensation shall be the defendant.