2. The defendant shall be punished by imprisonment with prison labor for two years;

A. The sentence imposed on Defendant 1 and the second instance court (the first instance court: the imprisonment of two years, and the second instance court: the imprisonment of six months) is too unreasonable;

(b) The sentence imposed on the Defendant by the first instance trial of the Prosecutor is too unhued and unreasonable;

2. We examine ex officio before determining the grounds for appeal by the Defendant and the prosecutor.

The Defendant received a separate sentence of the first and second original judgment and filed an appeal against each of the original judgment. This court decided to consolidate and examine each of the above appellate cases. The above judgment against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be pronounced pursuant to Article 38(1) of the Criminal Act. As such, the first and second original judgment against the Defendant cannot be maintained.

3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and it is so decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Habitual larceny: Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act;

(b) point of fraud: Article 347(1) of the Criminal Act;

2. Article 35 of the Criminal Act among repeated crimes;

3. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act [Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes with more severe punishment concurrent crimes)

4. Discretionary mitigation of sentence Article 53 and Article 55(1)3 of the Criminal Act (hereinafter “Discretionary Mitigation”), which is favorable among the reasons for sentencing, is considered as follows.