All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and one month.

1. The sentence of the lower court (one year of imprisonment with prison labor for the first instance court, and three months of imprisonment with prison labor for the second instance court) is too unreasonable as to the gist of the grounds for appeal.

2. We examine ex officio prior to the judgment on the defendant's improper argument in sentencing.

The Defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance, respectively, and this court decided to jointly examine each appeal case.

However, since the facts constituting the crime of the lower court No. 1 and the crime of the lower court No. 2 are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced.

Therefore, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in entirety pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including fraud and victim’s choice), Article 329 of the Criminal Act (Section 329 of the same Act) concerning criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes of Category 1 [the scope of the recommended punishment] and the basic area (the scope of the recommended punishment) of Category 1 (the amount less than KRW 100 million) [the scope of the recommended punishment] and Category 2 (the scope of the recommended punishment] of the basic area (the general larceny) (the period from June to January 6), the basic area (the period from June to September 6), the basic area (the scope of the recommended punishment) of Category 2 (the general larceny) [the scope of the recommended punishment] [the scope of the recommended punishment] of the basic area (the basic area (the period from June to January 6) of Category 2 (the general larceny) [the scope of the recommended punishment] of the basic area (the number of persons who are not subject to special sentencing] of Category 2 (the number of years from June to September 6] of the basic area (the scope of the final punishment due to the aggravated punishment due to the aggravated punishment for which there is no person subject to special sentencing].