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

A. The punishment of the judgment of the court of first instance (the judgment of the court of first instance: Imprisonment with prison labor for 8 months and 10 months) is too unreasonable.

B. The punishment of the judgment of the court below of the second instance on the inspection (unfairness) is too uneasible and unfair.

2. The court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance.

Each of the judgments of the first instance against the accused shall be sentenced to a single sentence within the scope of a prison term imposed under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

In this respect, the judgment of the first instance cannot be maintained as it is.

3. As such, the judgment of the first instance is reversed ex officio without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the first instance judgment is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court of first instance. Therefore, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. Among concurrent offenders, the Defendant committed each of the crimes in this case even though he had the record of being punished several times including suspended sentence for the same kind of crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent offenders, and in particular, the crime of victims D and M committed during the suspended sentence for the same crime.

The total amount of damage exceeds KRW 90 million, and the damage has not been recovered or agreed.

In addition, the age, character and conduct, environment, family relationship, circumstances of crimes, results, and all the sentencing conditions shown in the records and arguments, such as the circumstances after the crime.