All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. Each sentence of the judgment of the court below (the first judgment: imprisonment with prison labor for one year, and the second judgment: imprisonment with prison labor for three months) is too unreasonable.

B. Each type of punishment of the prosecutor’s judgment (the first instance judgment: imprisonment with prison labor for one year, and imprisonment with prison labor for three months) is deemed too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the first and the second and the second judgments were sentenced to each of them, and the defendant and the prosecutor filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases. Each of the above judgments of the court below against the defendant is a concurrent offense relationship 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, each of the above judgments of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and it is again decided following the oral argument as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. An applicant for compensation under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order, sought compensation more than the amount obtained by deceitation of the facts constituting the crime, and the defendant contests this, and the applicant for compensation has been prepared with a notarial deed related to the amount of damage from the defendant.