A defendant shall be punished by imprisonment for not less than two years and six months.

A. Defendant: Imprisonment (two years of imprisonment) with prison labor of the first lower judgment and that of the second lower judgment (six months of imprisonment) are too unreasonable.

B. Prosecutor: The sentence of the judgment of the second instance is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the assertion of unreasonable sentencing by the defendant and prosecutor.

The defendant filed an appeal against the first and second original judgments, respectively, and this court decided to jointly examine each appeal case.

However, since each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the above Paragraph (2). The judgment of the court below is reversed in entirety, and the following is again decided through pleading.

【Reasons for the Judgment of the court below, 【The facts constituting a crime and the summary of the evidence admitted by the court below and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for adding “1. Defendant’s trial testimony (the eighth trial date)” to the summary of the evidence of the judgment of the court of first instance. Thus, they are cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Articles 347(1) (Fraud) and 347(3)5 of the Criminal Act, Articles 41(3)5 and 19 of the former Rental Housing Act (amended by Act No. 11587, Dec. 18, 2012; hereinafter the same shall apply), Articles 41(3)5 and 19 of the former Rental Housing Act, Articles 41(3)5 and 19 of the former Rental Housing Act, Articles 41(3)5 and 19 of the former Rental Housing Act, and Articles of the same Act, each

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. Each crime of fraud is set out in the sentencing criteria which set forth the range of recommendations according to the sentencing criteria.