The part of the judgment of the court of first instance and the judgment of the court of second instance except the compensation order shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

1. The gist of the grounds for appeal is that the respective punishment of the lower court (one year and two months in imprisonment, and six months in imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, the Defendant appealed against the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to concurrently examine the above two appeals cases.

Each of the above offenses against the Defendant by the lower court is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the part of the lower court’s judgment and the lower court’s judgment, other than the compensation order, cannot be maintained.

3. As such, the part of the judgment of the court below No. 1 and the judgment of the court below No. 2 with the exception of the compensation order as above is reversed ex officio. Thus, without examining the defendant's unfair argument of sentencing, it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to 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. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment for each of the following categories of crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The type 2 of the basic area (8 to 4 years) within the basic area (8 to 4 years) subject to the sentencing guidelines (the scope of recommendation) of the sentencing guidelines [the scope of punishment] general fraud: the type 1 of the crime (the scope of recommendation) (the forgery, alteration, etc. of private document) without any one-class increase in the type 1 step (the person subject to special sentencing) as a result of the combination of identical crimes (the number of punishment) [the scope of recommendation] shall be the type 1 of the private document forgery, alteration, etc.