A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant is an applicant for compensation.

2. Prior to the judgment on the grounds for appeal against each judgment of the court below for ex officio determination, the defendant filed an appeal against each judgment of the court below, and this court decided to hold concurrent hearings of the above two appeals. Since the crimes of the court below 1 and 2 against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below 1 and 2 cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the Defendant’s assertion of unfair sentencing on each of the judgment below, on the grounds of ex officio reversal.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of each 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 Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with the punishment stipulated in a crime of fraud against victim B with the largest penalty);

1. Reasons for sentencing under Articles 25 (1) and 31 (1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types of punishment] the basic area (the scope of recommended fields and the scope of recommended sentences) of types 2 (the amount of 100 million won or more, the amount of 500 million won or more) (the minimum of the sentencing range shall be reduced by 1/3 due to increase in the number of years of imprisonment through 4 years, and one-third as a result of adding up the same concurrence

3. Determination of sentence;