Of the judgment of the court below, the part of the judgment below excluding the compensation order in the first instance judgment shall be reversed.

Defendant shall be punished by imprisonment.

Summary of Reasons for appeal

A. The punishment of the lower court against the Defendant (as against the lower court’s judgment No. 1 and No. 2) (as against the Defendant: 2 years of imprisonment, and 2 months of imprisonment) is too unreasonable.

B. The prosecutor (the judgment of the court below No. 1: imprisonment with prison labor for 2 years) of the court below against the defendant is too unfasible and unfair.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

The judgment of the court of first instance and the judgment of the court of second instance against the defendant was rendered, and the defendant filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the court of first instance decided to jointly examine the above two appeals cases.

Accordingly, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code.

In this respect, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.

In conclusion, the judgment of the court below is reversed as the above reasons for reversal of authority, without examining the unfair argument of sentencing by the defendant and the prosecutor, and the judgment below is reversed as well as the part of the judgment below excluding each order of compensation for the first instance judgment among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 246(2) and Article 246(1) of the Criminal Act (the point of habitual fraud) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with punishment and punishment provided in the crime of fraud against AT with the largest number of victims) of the Criminal Act aggravated concurrent crimes.