The defendant case portion and the second judgment of the court of first instance shall be reversed respectively.

A defendant shall be punished by imprisonment for three years.

1. The respective punishments (the first instance court: the imprisonment of 10 months, and the second instance: the imprisonment of 2 years and 6 months) that the original court made by the gist of the grounds for appeal are too unreasonable; and

2. Each appeal case against the judgment of the court below was combined in the judgment of the court below ex officio. Since each of the offenses in the judgment of the court of first instance and the offense in the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, one sentence should be sentenced in accordance with Article 38(1)

Therefore, the defendant case part of the first judgment and the second judgment cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed as to the defendant's case and the second judgment among the judgment of the court of first instance under Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is so decided as follows.

【Grounds for the Judgment to be used again as to the reversal】 Criminal facts and summary of evidence recognized by the court is identical to the facts constituting each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Among concurrent crimes, 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 crime of this case was significantly poor in light of the circumstances and methods leading to each of the crimes of this case, and the fact that the majority of the victims and the amount of damage did not properly recover from the damage is disadvantageous.

However, the fact that the defendant made a confession of all of the crimes of this case, the fact that some of the victims could have repaid part of the amount of damage, and the fact that there is no record of the crime exceeding the fine is favorable.

The above circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, means and methods, and circumstances after the crime.