The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

According to the records, the defendant was released on February 28, 2007 when he was sentenced to one year for fraud at the Busan District Court's Dong Branch's branch's office on June 22, 2006 and was released on May 2, 2007, and the remaining term of punishment has expired on May 2, 2007. The defendant committed the fraud against the victim D around June 5, 2009 and around July 30, 2009, respectively, and committed the fraud against the victim AU between February 17, 2010 and April 30, 2010.

Therefore, even though each of the above crimes constitutes a repeated crime under Article 35 of the Criminal Act, it is obvious that the court below omitted it, so the judgment of the court below cannot be maintained any more in this regard.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts and evidence admitted by this court is as follows: ① The first head of the facts constituting the crime of the judgment of the court below added “The defendant was released on February 28, 2007, which was sentenced to one year of imprisonment for the crime of fraud in Busan District Court’s Dong Branch branch branch, and was released on February 28, 2006, and the remaining term of imprisonment has expired on May 2, 2007.” On May 2, 2007. On April 4, 18, “the fraud against the victim T” was deemed as “the fraud against the victim V,” and “the fraud against the victim AO on June 2, 203,” respectively, and “the fraud against the victim Q Q on February 2, 2006.”

(2) Except for the addition of “written inquiry about criminal records, etc.” to the summary column of evidence, it is identical to the description of each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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