All judgment of the court below shall be reversed.

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

1. The accused and the defense counsel in the summary of the grounds for appeal withdrawn the allegation of mistake on the second trial date.

Defendant

The punishment sentenced by the lower court (the first instance judgment: one year of imprisonment, and six months of imprisonment) is too unreasonable.

B. The sentence of the judgment of the court of first instance by the prosecutor (one year of imprisonment) is too unhued and unreasonable.

2. The judgment of the court below is ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor. Since each of the cases of the judgment of the court below appealed by the defendant and the prosecutor, the facts constituting a concurrent crime in the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered concurrently in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is so decided as follows.

[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except where the "1. Part of the Defendant's testimony" is deemed as the "1. The Defendant's trial testimony" in the summary of the evidence of the court of first instance, and thus, it is cited as it is 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 (Fraud) and Article 2(2) and (1) of the Control of Illegal Check Control Act (the point of payment of check money due to the disposition of suspension of transaction), and the choice of imprisonment with prison labor, respectively;

1. Of concurrent offenders, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act did not recover damage by fraud amounting to KRW 150 million.