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

A. The respective sentence of the lower court (the first instance judgment: imprisonment with prison labor for 1 year and 2 years: imprisonment with prison labor for 1 year) is too unreasonable.

B. The sentence of the judgment of the court below of the second instance by the prosecutor is too uneasible and unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to jointly examine each appeal case against the judgment of the court below. On the other hand, all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment of the court below is reversed ex officio, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court 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, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to fraud against victim D)

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the defendant was sentenced to one year of imprisonment for the same kind of crime at the Incheon District Court on May 12, 2005, and was sentenced to a special reduction of punishment on October 18, 2005, and again committed a part of the crime of this case during the repeated crime period after the execution of the sentence was completed. The victims are four persons, and the amount of damage is increased to KRW 136 million.