We reverse the judgment of the court below.

Defendant shall be punished by imprisonment with prison labor of one year and eight months and fine of one thousand won.

The defendant above.

1. The appellate court's punishment (one year imprisonment with prison labor for the first instance court, one year imprisonment with prison labor for the second instance court, and one million won with prison labor for the second instance) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The defendant filed an appeal against the judgment of the court below, and this court tried two appeals jointly, and the judgment of the court below against the defendant should be sentenced to one punishment in accordance with Article 38 (1) 2 of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. The court below's conclusion is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument 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 summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) (the point of embezzlement) of the Criminal Act, Article 5 of the Control of Illegal Check Act, Articles 217 and 214(1) (the point of exercising securities) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act for criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for each of the crimes except for the crimes of violation of the Control of Illegal Check Act and the crime of violation of altered statements;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 6 of the Control of Illegal Check Act, Article 334(1) of the Criminal Procedure Act provides that the victim is a majority of the victims of the crime of fraud for sentencing, and the damage amounting to KRW 50 million.