We reverse the judgment of the court below.

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

1. The summary of the grounds for appeal of the first instance court’s punishment (one year of imprisonment) and the second instance court’s punishment (one year and three months of imprisonment) are too unreasonable.

2. Ex officio determination

A. In the case of fraud in the judgment of the court of first instance, if the money is acquired by deception through several times for the same victim, only a single crime of fraud shall be established if the criminal intent is the same and the method of crime is the same.

(2) According to the reasoning of the lower judgment, the lower court’s judgment on July 12, 2002 (see, e.g., Supreme Court Decision 2002Do2029, Jul. 12, 2002). The crime of the first instance judgment is based on the following: (a) by deceiving the victim without any intent or ability to repay, even if the Defendant borrowed money from the victim; and (b) by deceiving the victim more than 12 times during the period from August 7, 2017 to September 28, 2017; and (c) comprehensively taking account of the method and form of the crime, motive and time interval of the crime, the criminal intent is single and the same method

Nevertheless, since the first instance court dealt with concurrent crimes, the first instance court erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment.

B. The judgment of the court of first instance and the judgment of the court of second instance rendered on the defendant's decision of consolidation of the trial, each of which the defendant appealed, and the court of second instance decided to hold a joint hearing.

However, since each crime of the first and second judgment is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. The lower court’s conclusion is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s respective arguments of unfair sentencing, on the grounds of the above ex officio reversal. The lower judgment is reversed in its entirety, and further decided as follows.

【Reasons for the Judgment of the Supreme Court】 The facts constituting a crime and summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court below.