A defendant shall be punished by imprisonment for one year.

A. The punishment sentenced by the court below (No. 1: imprisonment of 10 months, and imprisonment of 4 months) on Defendant 1 and 2 is too unreasonable.

B. The sentence of imprisonment (four months of imprisonment) imposed by the second instance court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court held the defendant's appeal against the judgment of the court below Nos. 1 and 2 and the prosecutor's appeal against the judgment of the court of appeal against the judgment of the court of appeal No. 2. The first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38 (1) of the Criminal Act. In this respect, the judgment of the court below against the defendant cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and it is again decided as follows.

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 quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes;

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. Application of the sentencing criteria [Determination of type] of general fraud (less than KRW 100,00): Type 1 (less than KRW 100,000): Aggravationd factors: Aggravationd area of identical repeated crimes [Determination of the recommended area] 1 year to 2 years; and

2. Although the Defendant made a confession, he/she is against himself/herself, even before the instant case, he/she is guilty of fraud.