All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. Each punishment (the first instance court: imprisonment with prison labor for 4 months and the second instance: imprisonment with prison labor for 2 months) sentenced to the first and second instance court of the gist of the grounds for appeal is too unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to concurrently examine the appeal case by the second judgment of the first judgment and the appeal case by the second judgment of the second judgment. Each crime of fraud by the first and second judgment of the second judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through the pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is acceptable to accept it as it is 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. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize the defendant's mistake, the amount of fraud, and the fact that the victim is not subject to punishment by agreement with the victim of the first instance trial is an element for sentencing favorable to the defendant.

However, each of the crimes of this case is not good in light of its circumstances and methods, and ② the defendant has the criminal records of 38 times in case of the defendant, and most of them are the same criminal records of several different methods, and is also the same period of repeated crimes of the same kind.