We reverse the judgment of the court below.

The punishment of the accused shall be three years of imprisonment.

1. The judgment of the court below was sentenced to the first and second judgment on the defendant's ex officio judgment, and the defendant appealed from the judgment of the court below, and this court decided to hold a joint hearing on each appeal case.

The crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Code, and thus, the judgment of the court below can no longer be maintained.

2. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Re-use] The summary of the facts constituting an offense and evidence against the defendant recognized by this Court and the summary of the evidence are as follows: under Article 3 of the judgment of the court of first instance, the "16-21 times" of the 3 conduct is as follows; "16-21 times" of the 10th page "16-2 times" is as "16-2 times"; "16-21 times" of the 10th page "16-2 times" is as "16-2 times"; "supply" of 1,4,5, and 7 times in the daily list of crimes (4) of the 5th page and 12th page "supply" is as "supply"; and "W" of the summary of the 6th evidence is as stated in the corresponding column of the judgment of the court of first instance other than "U" as "U"; therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (including the fraud described in Article 2-1(a) of the judgment below), Article 347(1) of each Criminal Act (the remainder of each fraud, and Article 1-1(b) of the judgment of the court below, Article 347(1) of the Criminal Act (including the two frauds, and Article 347(1) of the same Act)

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the aggravated punishment of concurrent crimes as prescribed by the Act on the Aggravated Punishment, etc. of Specific Economic Crimes with the largest punishment) is as follows.