A defendant shall be punished by imprisonment for not less than two years and six months.

A. The Defendant, through his defense counsel’s written opinion on January 28, 2019, asserted that the part of the second instance court concerning the fraud of the victim G and I was erroneous, but withdrawn the said assertion on the date of the first instance trial.

The punishment sentenced by the first and second original trials on the accused (one year and six months of imprisonment with prison labor, and one year and six months of imprisonment with prison labor) is too unreasonable.

(b) The sentence imposed on the Defendant by the second instance of the Prosecutor is too unhued and unreasonable;

2. On the judgment of the first and second court on the defendant's ex officio determination, each of the judgment of the first and second court was pronounced, and the prosecutor filed an appeal against the second and second court judgment, and the court decided to jointly examine the above two appeals cases.

Since the crime of the first instance judgment and each crime of the second instance judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Code, it should be punished by one order under Article 38 of the Criminal Code, so the first and second original judgments cannot be maintained as they are.

3. The judgment of the court of first and second instances on the grounds of the above ex officio reversal is reversed in its entirety without examining the grounds of unfair sentencing by the defendant and the prosecutor, and the judgment of the court of first and second instances is reversed in its entirety, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to each corresponding part of the first and second original judgments, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act (the fraud of victim AF), Article 347 (1) of the Criminal Act (the fraud of victim B and I), Article 347 (1) of the Criminal Act (the choice of each imprisonment), Articles 347 (1) and 30 (the fraud of victim G and the choice of imprisonment) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;