Defendant shall be punished by imprisonment for not less than three years and six months.

A. The sentence of each of the defendants (the first instance court: three years of imprisonment, and the second instance court: 10 months of imprisonment) is too unreasonable.

B. Each prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant and the prosecutor filed each appeal against the judgment of the court below in the first and second instances, and the court decided to hold the first and second cases together with the judgment of the court below in the second and second instances.

Article 38(1) of the Criminal Act provides that each crime of the judgment of the court of first instance and the judgment of the court of second instance with the judgment of the court of second instance shall be subject to a single sentence pursuant to Article 38(1) of the Criminal Act, and thus, the judgment of the court of second instance cannot be maintained any more.

3. The judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the unfair argument of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions for criminal facts and Article 347(1) of the Criminal Act for the choice of punishment (including each of the criminal facts stated in the holding that the victim AC was guilty on December 19, 2018, the victim AF’s fraud on July 27, 2019, and the victim E’s fraud on July 27, 2019, and the remainder of fraud except the fraud on the victim E), and each of the imprisonment options

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment by law: One month to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of fraud] shall be at least one hundred million won, and less than five hundred million won. < Amended by Presidential Decree No. 17358, Dec. 2, 201>