The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed, respectively.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Defendant 1) The first instance court’s punishment (five months of imprisonment) against the first instance judgment is too unreasonable.

2) The sentence of the lower court No. 2, which was unfair in sentencing against the lower judgment of the second instance (an amount of KRW 5 million) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed each appeal against the judgment of the second instance against the defendant and the prosecutor against the judgment of the second instance, and the court decided to hold the above two cases together.

However, since each crime of the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained in entirety.

3. As the part of the judgment of the court below of first instance and the part of the judgment of the court below of second instance are reversed ex officio, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the part of the judgment of the court below among the judgment of the court of first instance and the judgment of the court of second instance are all reversed, and the judgment below is reversed

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria shall be;