We reverse the judgment of the court below.

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

1. Summary of grounds for appeal;

A. Defendant 2’s punishment (one year of imprisonment) is too unreasonable.

B. The first sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

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 lower judgment of the second instance, and the Prosecutor filed an appeal against the lower judgment of the first instance, and examined the appeal case concurrently. The lower court’s respective offenses are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be sentenced to one punishment pursuant to Article 38(1)2 of the Criminal Act. As such, the lower judgment 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 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act, Article 234, Article 231 of the Criminal Act (the point of uttering of the above investigation document on January 14, 2016), Articles 234, 231, 34(1), and 31(1) of the Criminal Act (the point of uttering of the above investigation document on January 18, 2016), Articles 228(1), 34(1), and 31(1) of the Criminal Act, Article 228(1), and 31(1) (the point of uttering of the above investigation document on January 18, 2016), Articles 229 and 228(1) of the Criminal Act, and Article 228(1) (the point of presentation of electronic records, etc.) of the Criminal Act, and electronic records, etc.

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of gambling documents in the above investigation document on January 14, 2016, and between the crimes of gambling in the above investigation document on January 18, 2016, respectively)

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.