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

A. The punishment of the defendant (the first judgment of the court below: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 1 year and 2 months) is too unreasonable.

B. The first instance court’s sentence is too uneasible and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the defendant appealed against the judgment below, and the court decided to concurrently examine each of the above appeals cases.

However, since each of the crimes in the decision of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced within the scope of a limited term of punishment under Article 38(1) of the Criminal Act.

In this respect, the judgment of the court below can no longer be maintained.

3. If so, the judgment of the court below is based on the above reasons for ex officio reversal. Thus, without examining the argument of unfair sentencing by the defendant and the prosecutor, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and it is so decided as per Disposition by the assent of all participating Justices and the following.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud) and the choice of imprisonment for the crime;

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

1. From among concurrent crimes, the crime of this case is very poor in light of the background and method of the crime of this case, and the frequency of the crime of this case and the amount of the fraud of this case are not so big and are not recovered from all or considerable part of the victims, and there is no agreement with the victims, and there is a record of criminal punishment several times for the same crime.