We reverse the judgment of the court below.

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

1. Summary of grounds for appeal;

A. Defendant: The punishment of the first instance court (one year and two months of imprisonment) and that of the second instance court (ten months of imprisonment) are too unreasonable.

B. Prosecutor: The second instance court’s sentence is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the assertion of unreasonable sentencing by the defendant and prosecutor.

The defendant filed an appeal against the first and second original judgments, and the prosecutor respectively filed an appeal against the second original judgment, and this court rendered a decision to jointly examine each appeal case.

However, since the facts constituting the crime of the first instance court and the facts constituting the second instance court are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced.

Therefore, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the above Paragraph (2). The judgment of the court below is reversed in entirety, and the following is again decided through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment of the court below, except for the addition of "legal statement of the defendant at the trial" as stated in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (the purpose of fraud, fraud on December 2, 2014, and fraud on December 26, 2014 shall be added to Article 30 of the Criminal Act; the choice of imprisonment); Article 231 of the Criminal Act; Articles 231 of the Criminal Act (the occupation of private document assistance; the choice of imprisonment); Articles 234 and 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act (the use of private

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations according to the sentencing criteria;

(a) Class 1 (Fraud Decision) (Fraud Decision) is a type of general fraud (not less than KRW 100,000, less than KRW 500,000).