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

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below against the defendant was examined and sentenced separately, and the defendant filed each appeal against the above judgment of the court below, and the court decided to hold a joint hearing of the above two appeals cases. Each of the above crimes against the defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the above judgment of the court below against the defendant cannot be maintained.

3. If so, without examining the grounds for appeal, we reverse all of the above judgment below ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above grounds for appeal, and render a new judgment following pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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 and Article 347 (1) of the Criminal Act (Fraud and choice of imprisonment with prison labor);

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes the crime of this case and reflects his mistake seriously. Meanwhile, the defendant has been punished by the suspension of the execution of imprisonment with prison labor for the same kind of crime. The crime of this case is that the defendant deceivings victims without any intention or ability to repay borrowed money, etc., and has obtained money from victims under the pretext of borrowing money, etc.