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

A defendant shall be punished by imprisonment for not more than ten months.

The summary of the grounds for appeal (unfair form of punishment) argues that the defendant asserts that the sentencing of the original court (the first instance court: the imprisonment of August and the second instance court: the imprisonment of April) is too unreasonable, while the prosecutor asserts that the sentencing of the second instance court is too unreasonable and unfair.

Before making a judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below, and the prosecutor filed an appeal against the judgment of the court of appeal against the judgment of the court of second instance, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses pursuant to Article 38(1) of the Criminal Act, and therefore, the part of the judgment of the court of first instance

As such, the part of the judgment of the court of first instance and the part of the judgment of the court of second instance on the ground of the above ex officio reversal, without examining the defendant and the prosecutor’s allegation of unfair sentencing, are reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the part of the judgment of the court of first instance and the judgment below

Criminal facts

The summary of facts and evidence recognized by the court is identical to the corresponding column 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 (a point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the crime of this case committed on the ground of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is an unspecified number of victims via the Internet.