All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The first instance court’s sentence (6 months of imprisonment) of the prosecutor (the first instance court’s judgment against the first instance court) is too unhutiled and unfair.

B. The punishment of the lower court (the first instance court: 6 months of imprisonment, and the second instance court: 4 months of imprisonment) is too unreasonable.

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

The first and second judgment against the defendant was rendered, and the prosecutor filed an appeal against the judgment of the court of first instance, and the defendant filed an appeal against the judgment of the court of first instance, and the court of first and second trials decided to hold the above two appeals jointly. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the court of first and second judgment against the defendant cannot be maintained as they are.

Meanwhile, on the other hand, the Defendant “as to the facts charged in the first instance judgment” was sentenced on February 21, 2018 by the Chuncheon District Court to a one-year sentence of imprisonment for a crime of fraud, and on April 20, 2018, the judgment became final and conclusive on April 20, 2018, and the application for amendment to a bill of amendment was filed to the effect that “the contents are added” and “after Article 37 of the Criminal Act: Provided, That Article 39(1) of the Criminal Act is added,” and the application for amendment to a bill of amendment was changed in the trial by this court’s permission for amendment to a bill of amendment. In this regard, the first and second 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, and the judgment below is reversed in accordance with the above Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by the court and the summary of the evidence are the first facts constituting a crime of which judgment was rendered in the first part of the original judgment on February 21, 2018.