The defendant shall be sentenced to one year of imprisonment.

A. The judgment of the court below (the first judgment of the court below: imprisonment with prison labor for a year and six months, and the second judgment of the court of the court below: imprisonment with prison labor for a period of four months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Each appeal was filed against the judgment of the first and second court judgment, and the trial court decided to consolidate the above appeal cases.

However, since the crime of the judgment of the court of first instance and the crime of the second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance excluding compensation order and the second judgment cannot be maintained as they are.

3. As such, since the part of the first judgment excluding the compensation order and the second judgment excluding the above reasons for reversal of authority, it is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and it is again decided as follows.

【The reasons for the new judgment on the ex officio reversal】 The facts constituting a crime and the summary of evidence recognized by the court below are identical to the facts constituting each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) and Article 30 of the Criminal Act, the choice of punishment for the crime, Articles 347(1) and 347(1) of the Criminal Act, Article 347(1) and 32 of the Criminal Act, Articles 347(1) and 32 of the Criminal Act, and the choice of imprisonment for each sentence;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting fraud)

1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the crime of fraud against victim D with the largest penalty for the crime committed);

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. The sentencing criteria shall be based on; and