The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of 10 months and short of 6 months) of the lower court is too unreasonable.

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

The defendant was a Sssi and was a juvenile under Article 2 of the Juvenile Act at the time of the pronouncement of the judgment of the court below, but it is obvious that he was the adult in the trial.

Therefore, the judgment of the court below that sentenced the defendant to be sentenced to an illegal sentence by applying Article 60 (1) of the Juvenile Act is no longer able to maintain.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are identical to the corresponding column of the judgment of the court below except for changing "1. Part of the defendant's court statement" to "1. The defendant's court statement" in the summary of evidence of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act applicable to the crime and Articles 347(1) and 30 (Overallly, Selection of Imprisonment) [In the original judgment, the court below rejected the collection of 5.44 million won against the defendant in accordance with the Act on Special Cases Concerning Confiscation and Restoration of Corruption Property, but the court below did not accept it, and the prosecutor appears to maintain the above sentence even at the trial. However, this case is a case that only the defendant appealed, and the defendant cannot be sentenced to a new collection against the defendant in accordance with the principle of prohibition of disadvantageous alteration. No separate determination is made on the collection portion]

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommending punishment according to the sentencing criteria (a decision of type) shall be a fraudulent crime;