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

A. The sentence of Defendant 1 (two years and six months of imprisonment) is too unreasonable.

B. The sentenced sentence of the second instance court (one year and six months of imprisonment) by the prosecutor is too unhued and unreasonable.

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

The first and second original judgments are pronounced on the defendant, and the defendant filed each appeal against the second original judgment, and the prosecutor also filed each appeal against the second original judgment, and this court decided to hold the first and the second original judgments together for a trial.

Since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained any more.

3. As the judgment of the court of first and second trials on the grounds of the above ex officio reversal, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining each of the above grounds for rejection of unfair sentencing by the defendant and the prosecutor, and the following is again decided

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and the choice of punishment, respectively, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act;

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

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

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

A. First Crime (Fraud Decision) (Fraud). General Fraud (Type 2) is committed.