A defendant shall be punished by imprisonment with prison labor for not less than four years and six months.

A. The sentence of the lower court (the first instance court: the imprisonment of four years, and the second instance court: the imprisonment of one year and two months) is too unreasonable.

B. The Prosecutor’s Second Instance’s sentence is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal for ex officio determination, this Court filed an appeal by the defendant and the prosecutor against the judgment below, and decided to hold concurrent trials. Each of the offenses against the defendant by each court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained any more, since it constitutes a concurrent crime under Article 38(1) of the Criminal Act and a sentence is to be imposed within the scope of

3. Accordingly, the part of the judgment of the court below excluding each order for compensation as above excluding each order for unfair sentencing is reversed, and the part of the judgment below excluding each order for compensation among the original judgment under Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows through the pleading.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts of crime and Articles 225, 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act (the point of attempted fraud and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act are very heavy in light of the frequency of participation in the crime of this case and the amount of damage, etc.

It is not proper to recover damage.