The part of the judgment of the first instance and the judgment of the second instance concerning the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. On the judgment of the court of first instance, unreasonable sentencing (Defendant: Imprisonment with prison labor for three years and six months)

B. On the judgment of the court below of second instance (the defendant and the prosecutor): Imprisonment with prison labor for one year and six months)

2. Before the judgment on the grounds of appeal on the grounds of appeal is examined ex officio, the court below rendered a separate judgment on each of the judgment below against the defendant, but the court below held concurrent hearings. Each of the above crimes is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment at the same time in accordance with Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court of first and that of the judgment of the court of second instances cannot be maintained any more

3. In conclusion, since the part of the judgment of the court of first instance and the judgment of the court of second instance are grounds for reversal ex officio, it is not necessary to proceed further to determine the grounds for appeal pursuant to Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, each choice of imprisonment with prison labor;

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. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Fraud) [Determination of Punishment] Fraudulent Act (Type 2]. The systematic fraud [Type 2] is more than KRW 100 million, and less than KRW 500 million (Special Aggravation) is more than KRW 500 million: It is intended for unspecified or large number of victims or substantial.