All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 2,00,00.

The defendant above.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for one year, the second instance judgment: fine of three million won, and the third instance judgment: imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the court below was rendered to the defendant, and the defendant filed an appeal against them, and the Seoul High Court decided to hold a joint trial by this court. Each of the offenses in the judgment of the court below against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act, and each of the offenses in the judgment of the court below against the defendant in the first and third cases must be sentenced to imprisonment of the same kind under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below Nos. 1 and 3 cannot be maintained as it is.

3. The fact that the Defendant committed the instant crime during the period of repeated crime and did not agree with the victim is an element for sentencing unfavorable to the Defendant.

However, in full view of all the factors of sentencing favorable to the defendant, including the fact that the defendant led to the crime of this case and reflects his mistake, and that the amount of defraudation is not large to 15,000 won, and other factors of sentencing as shown in the arguments of this case, such as the age, sex, environment, the process and consequence of the crime of this case, etc., the sentencing of the court below against the defendant is somewhat inappropriate.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act on the grounds that the above reasons for reversal exist ex officio or the defendant's appeal is justified, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.