The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

The defendant shall be sentenced to a maximum of one year and two months, and a short of two months.

1. The summary of the reasons for appeal (unfair sentencing: imprisonment with prison labor for a maximum of one year and two months, short of eight months, and short of two months: imprisonment with prison labor for a maximum of four months and short of two months) is deemed improper.

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

As the judgment of the court of first instance and the judgment of the court of second instance against the defendant, each of the defendants filed an appeal against the judgment of the court of second instance, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the crimes of first and second appeal against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus one of the crimes of first and second appeal against the defendant must be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in entirety the guilty part of the judgment of the court of first instance and the judgment of the court of second instance in accordance with Article 364(2) of the Criminal Procedure Act without having to make a judgment as to the defendant's unfair argument of sentencing, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

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. The reasons for sentencing under Articles 2 and 60(1) of the Irregular Juvenile Act are as follows: (a) the Defendant recognized the mistake of committing the instant crime; (b) the Defendant is against the law; and (c) the Defendant did not repeat the instant crime.

It is also recognized that the defendant has yet to reach his age.

On the other hand, although the defendant received juvenile protective disposition several times due to the same crime of fraud, the defendant committed the crime of this case again.

The instant fraud was committed.