All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant 2 (eight months of imprisonment) is too unreasonable.

B. Each type of punishment (the first instance judgment: the fine of KRW 3 million, the second instance judgment: the imprisonment of KRW 8 months) that the prosecutor sentenced by the lower court is too uneasible and unfair.

2. As to the judgment of the court of first instance, the judgment of the court of first instance on the defendant's ex officio determination was rendered, the prosecutor filed an appeal against the judgment of the court of second instance, and the defendant and the prosecutor filed each appeal against the judgment of the court of second instance, and the court of second instance decided to jointly examine

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first and second judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by this court is the first head of the crime of the original judgment of the court of first instance, and “The defendant was sentenced to six months of imprisonment due to fraud, etc. in the support of Suwon Friwon, on April 11, 2017, and completed the execution of the sentence in the Ansan prison on December 15, 2017.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 329 of the Criminal Act, Article 260(1) of the Criminal Act, the former part of Article 37 of the Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes under Article 35 of the Act on the Aggravated Punishment of Aggravation of Imprisonment with labor for each type of crime (the nature of a crime and the circumstances of a crime) are the largest.