All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (two years and six months of imprisonment) and the punishment sentenced by the second instance (six months of imprisonment) are too unreasonable.

(b)the sentence sentenced to the first instance judgment of the Prosecutor (two years and six months of imprisonment) is too unhued and unjust;

2. We examine ex officio the grounds for appeal by the defendant and prosecutor against the judgment of the court below of first instance and the grounds for appeal by the defendant against the judgment of the court below of second instance.

As the judgment of the court below against the defendant, the defendant and the prosecutor filed each appeal against the judgment of the court of first instance against the judgment of the court of second instance, and this court decided to consolidate the two appeals cases.

Since each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment below cannot be maintained in its entirety.

3. As above, the judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's unfair argument of sentencing and the prosecutor's unfair argument of sentencing against the judgment of the court of first instance.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 347(1) and 30 (Crime of Fraud), Articles 356 and 355(1) ( point of occupational embezzlement) of the Criminal Act, Article 355(1) ( point of embezzlement) of the Criminal Act, Article 323 of the Criminal Act, and each choice of imprisonment with prison labor

1. Damage caused by each of the crimes of this case for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which increased concurrent crimes.