All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The defendant asserts that the defendant's punishment of the first instance judgment decision (one year of imprisonment with prison labor) on the summary of the grounds for appeal is too unreasonable, and the prosecutor asserts that it is too unfied and unfair, and that the defendant's punishment of the second instance judgment (four months of imprisonment with prison labor) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, prior to the judgment on the grounds of appeal, the defendant examined ex officio, 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 this court tried by combining the above cases of appeal.

Since each of the crimes committed by the lower judgment convicting the Defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, it should be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act. In this regard, the lower judgment was no longer maintained.

3. If so, the judgment of the court below is reversed on the ground that there is a ground for reversal ex officio as seen above, and without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following is

Criminal facts

The summary of the facts constituting a crime and its evidence acknowledged by this court is as follows. Except for the cases where the facts constituting a crime of the judgment of the court of first instance, the phrase “from that time” in Articles 4 through 5 of the Criminal Procedure Act is deemed to read “from October 24, 2014” in the facts constituting a crime of the judgment of the court of first instance as “from that time”, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant repeatedly committed a crime against multiple victims, the fact that there is a record of having received juvenile protective disposition due to the same crime, and that the total amount of defraudation is not less than KRW 10 million, which is disadvantageous grounds for sentencing.