The judgment below

Part 1 of the judgment is reversed.

A person shall be punished by imprisonment with prison labor for not less than eight months for the first offense against a defendant.

1. The decision of the court below against the defendant in the summary of the grounds for appeal (the first crime: imprisonment with prison labor for one year, and the second crime as decided: imprisonment with prison labor for eight months) is too unreasonable.

2. Determination

A. As to the part of the crime No. 1 of the judgment of the court below, the fraud of this part of the crime is not a little amount, the fact that the defendant has been punished several times due to fraud, etc. is disadvantageous to the defendant, or that the defendant has led to the confession of this part of the crime, that the defendant has agreed smoothly with the victim B of paragraph (1) of the judgment of the court below, that the defendant has reached a final judgment and has to consider equality with the case where he has received a judgment at the same time as the crime of the judgment of the court below, and that other various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. are considered as being unfair.

B. As to Article 2 of the judgment of the court below, considering the following factors: (a) the Defendant’s confession of this part of the crime is favorable to the Defendant; (b) the Defendant did not agree with the victim I as stated in paragraph (2) of the judgment of the court below; (c) the Defendant was punished several times due to fraud, etc.; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, etc., the Defendant’s punishment on Article 2 of the judgment of the court below is too unreasonable

3. Accordingly, the defendant's appeal as to the part concerning the first crime in the judgment of the court below is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning the first crime in the judgment of the court below is reversed, and it is again decided as follows.