The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a period of three years and six months.

1. The sentence (No. 1: imprisonment with prison labor for 4 years, and No. 2: imprisonment with prison labor for 6 months) declared by the court below is too unreasonable.

2. Ex officio determination of ex officio, the first and second court sentenced the defendant to four years of imprisonment with prison labor and six months of imprisonment with prison labor, and the court of the court of the first and second instance decided to hold concurrent hearings of each appellate court in which the defendant had been pending to file an appeal against each of the above judgments. Since the crimes of the first and second court in relation to concurrent crimes under the former part of Article 37 of the Criminal Act should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below against the defendant can no longer be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed among the judgment of the court of first instance pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below on the defendant and the judgment of the court of second instance are reversed, and it is again decided as

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 of the Criminal Act; Articles 276(1) and 30 of the Criminal Act; Articles 350(1) and 30 of the Criminal Act; Article 257(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 234 of the Criminal Act; Articles 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act’s selection of punishment; Articles 350(1) and 30 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria;

(a) Class 1 crime: fraud;