A defendant shall be punished by imprisonment for not less than one year and six months.

The sentence of the original judgment (the first instance judgment: imprisonment with prison labor for one year and six months) is too unreasonable.

The court of the trial of ex officio judgment decided to consolidate each appeal case of the judgment of the court below against the defendant.

The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts constituting each offense against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 347(1) of the Criminal Act for the crime at issue of each applicable law Article 347(1)(h) of the Criminal Act, Article 347(2) and Article 347(1) of the Criminal Act (the fraud by fraud of smartphones), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the use of private document) of each Criminal Act, Articles 234 and 231 of the Criminal Act (the use of private document), Articles 356 and 355(1)(the occupation of occupational embezzlement), Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the point of failing to take measures after an accident) of the Road Traffic Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Market and any violation of the Road Traffic Act);

1. The punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be limited to imprisonment;