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

A. Each sentence of the lower court (the first instance court’s imprisonment: 1 year; the second instance court’s imprisonment with prison labor: 10 months) is too unreasonable.

B. The punishment sentenced by the second instance court (ten months of imprisonment) is too unhued and unfair.

2. The judgment of the court below that held ex officio each of the offenses committed by this court shall be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for reversal of authority as seen above, and the judgment below is also reversed, and it is again decided as follows through pleading.

【Grounds for the Judgment of the court below which has been written] The summary of facts constituting a crime and evidence recognized by the court of this court shall be cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where the first instance court’s “criminal records” of the first instance judgment is changed to “ May 10, 2018” of the second instance judgment to “ March 19, 2018.”

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 329 of the Criminal Act selection of punishment, Article 347-2 of the Criminal Act, Article 347-2 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 330 of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act, each of the following provisions

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravation of Class 1 Crime (Fraud by Use of Computer, etc.) [Determination of Punishment] Fraud (Type 1] below KRW 100 million (Special Aggravation] below KRW 100 million: the area of recommendation for same repeated crime and the scope of recommendations;