We reverse the judgment of the court below.

A defendant shall be punished by imprisonment with prison labor for not more than four months and by a fine not exceeding five million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The punishment sentenced by the second instance court (two months of imprisonment and two years of suspended execution) is too unreasonable.

B. The first instance court’s sentence (a fine of five million won) declared by the prosecutor is too unfilled and unreasonable.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor, and the defendant filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above cases of appeal. Since the facts constituting the above judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be ruled at the same time and sentenced to a single punishment (However, as seen below, the judgment of the court of first instance shall be subject to a fine pursuant to Article 457-2 (1) of the Criminal Procedure Act, since

B. As to the violation of the judgment of the court below on the amendment of the bill of amendment, the prosecutor applied for the amendment of the bill of amendment from January 2015 to May 17, 2018, “from January 2015 to May 10, 2018,” and since this court permitted the amendment, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the assertion of unfair sentencing by the defendant and the prosecutor, on the grounds of the above ex officio reversal.

Punishment of the crime

The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: (a) the first instance judgment stating that “from January 2015 to May 10, 2018” under Section 7-8 of Section 2 of the first instance judgment is “from January 2015 to May 17, 2019”; and (b) the first instance judgment.