A. The punishment of the judgment of the court below (the first judgment: imprisonment with prison labor for 1 year and 6 months, the second judgment and the third judgment: imprisonment with prison labor for 4 months) is too unreasonable.

B. The judgment of the court below (with respect to the second judgment of the court below) is too unfasible and unfair.

2. Ex officio determination

A. After the first, second, and third court completed a separate examination against the defendant, the first court sentenced the defendant to imprisonment with prison labor for one year and six months, the second, and the third court sentenced to imprisonment for four months. The defendant filed each appeal against each of the above decisions, and the prosecutor filed each appeal against the second court, and the court decided to consolidate the above three appeals.

However, each of the crimes in the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot avoid reversal.

B. In addition, according to the records, the Defendant was sentenced to three years of imprisonment for fraud in this court on October 17, 2012, and the judgment became final and conclusive on December 15, 2012. As above, each of the crimes in the crime of fraud for which the judgment became final and conclusive and the crimes in the judgment of the court of first and second instances in the latter part of Article 37 of the Criminal Act are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the punishment is determined in consideration of equity and the same is to be adjudicated at the same time under Article 39(1) of the Criminal Act.

3. If so, the judgment of the court below is based on the above grounds for reversal, and without examining the above grounds for reversal of unfair sentencing by the defendant and the prosecutor, it is reversed under Article 364(2) of the Criminal Procedure Act, the part excluding the order for compensation among the judgment of the court of first instance, and the judgment of the court of second and third instances, and it

Criminal facts

b) the evidence;