All judgment of the court below shall be reversed.

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

1. Summary of grounds for appeal (unfair sentencing);

A. The defendant's sentence (the first instance judgment: imprisonment with prison labor for one year, and second instance judgment: imprisonment with prison labor for two months) declared by the court below is too unreasonable.

(b)the sentence imposed on the Defendant by the second instance of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, each case was consolidated in the first and second judgments in the trial. The crimes of each of the above cases are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed concurrently in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 became no longer available in this respect.

3. According to the conclusion, the judgment of the court below is reversed on the grounds of the above ex officio reversal, and the judgment below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the original decision of the court No. 1 and No. 2, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving of Punishments, Articles 30 (a) and 3 of the Criminal Act, Articles 347(1) and 30 (a) of the Criminal Act, Articles 347(1) and 30 (a point of fraud) of the Criminal Act, and each choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant confessions and reflects all the instant crimes; and (b) the fact that there are concurrent crimes after Article 37 of the Criminal Act, which are favorable to the Defendant.

On the other hand, the defendant has been punished several times due to the same crime, and is caused by the same crime of fraud.