Each part of the original judgment and the second original judgment, excluding a compensation order, shall be reversed.

Defendant shall be punished by imprisonment for five years.

1. The summary of the grounds for appeal (the first instance court: the fine of KRW 3 million, and the second instance court: the imprisonment of KRW 5 years) that the lower court pronounced is too unreasonable.

2. Prior to the grounds for appeal by the defendant, the first and second court sentenced the defendant to the punishment of each of the above judgments after the defendant was examined separately, and the defendant filed an appeal against each of the above judgments, and the court of the first and second court decided to hold concurrent hearings. Each of the crimes of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court below against the defendant except the compensation order is reversed.

3. As such, the above reasons for ex officio reversal of the first and second parts of the judgment of the court below, excluding the order for compensation, are reversed without examining the defendant's assertion pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the 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. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [decision of types] fraud. - Types 3 of general fraud (no special person): Reduction element: In the event that a general perpetrator is committed against an unspecified or multiple victim or commits a crime for a considerable period of time, the aggravated element is either for an unspecified or multiple victims, or repeatedly committed for a considerable period of time, the same repeated crime [decision of the recommended territory] in the area of special aggravation.