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

A. The sentence of the lower court (the first instance judgment is imprisonment with prison labor for one year, and the second instance judgment is imprisonment with prison labor for six months) is too unreasonable.

(b) The form of the first original ruling of the Prosecutor is too unhued and unreasonable;

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The defendant filed an appeal against the judgment of the court below (the prosecutor also filed an appeal against the judgment of the court of first instance) and examined the appeal case in combination. Since each crime of the judgment of the court below is one type of concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced in accordance with Article 38 (1) 2 of the Criminal Act, it cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of the judgment below. The judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, Article 347(1) (the fraud point), Article 48 Subparag. 3, Article 26(1) (including gambling point) of the National Sports Promotion Act, Article 319(1) of the Criminal Act, and each choice of imprisonment with prison labor;

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: Not more than 15 years of imprisonment;

2. Scope of punishment recommended on the sentencing criteria: Imprisonment with prison labor for at least one year.

(a) Each fraud [Scope of Recommendation] In the case of committing a crime against unspecified or large number of unspecified victims, or repeatedly committing a crime for a considerable period of time, the aggravated area (one year to two years) of Category 1 (less than KRW 100 million) (one year to six months) of the general fraud;

(b) multiple crimes;