A defendant shall be punished by imprisonment for two years.

A. In light of the fact that a defense counsel (unfair form of punishment) commits a mistake against the defendant, supports his/her family, and certain victims expressed their intent that they do not want the punishment of the defendant, each sentence of the court below that sentenced one year and six months (the first judgment) and two years (the second judgment) of imprisonment is too unreasonable.

B. In light of the fact that the Defendant acquired money in excess of KRW 1.1 billion from 206 to 2013 through active deception, the Defendant committed the crime is grave and criminal quality, the damage equivalent to KRW 500 million has not yet been recovered, and the Defendant has a history of having been punished several times for the same crime, the sentence of the judgment of the court of the second instance which sentenced two years to imprisonment is too unreasonable.

2. Before determining the grounds of appeal for ex officio determination, each of the judgments of the court below is merged with each of the judgments of the court below, and each of the offenses in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed concurrently pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

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

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is the same as that of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Criminal Act and each fraud of the judgment of the choice of punishment against the crime: Article 347 (1) of the Criminal Act and the choice of imprisonment;

1. Among concurrent crimes, each of the crimes of this case in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is 1.4 billion won from many victims for a long time.