The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the first instance court is too unreasonable;

2. Each crime of fraud in the judgment of the court of first instance is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, although the punishment is determined within the scope of a limited term of punishment for concurrent crimes pursuant to Article 38(1) of the Criminal Act, the court of first instance, while recognizing the conviction of each of the above crimes, has an error of omitting weight of concurrent crimes

Therefore, the first instance judgment can no longer be maintained.

3. In conclusion, the first instance judgment is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the ground that the grounds for reversal ex officio exist, 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 of first instance. Therefore, it is accepted 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. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are both acknowledged and reflected in the crime, and there is no record of criminal punishment.

However, a large amount of damage up to KRW 10 million and the damage has not been recovered or agreed.

In addition, the defendant's age, character and conduct, environment, the details and details of the crime, and the circumstances after the crime, and all the sentencing conditions shown in the pleading shall be determined as the sentence.