Each part of the first and second original judgments shall be reversed.

The defendant is each of the crimes in the judgment of the first instance.

1. The summary of the grounds for appeal (in the first instance court: 4 months of imprisonment with prison labor for the first instance court; 2 months of imprisonment with prison labor for the second instance court; 10 months of imprisonment with prison labor for the second offense in the holding) of each of the lower courts against the accused is too unreasonable.

2. The judgment of the court of first instance and that of the second judgment on the part concerning the first offense in the judgment of the court of first instance is examined ex officio prior to the judgment on the grounds for appeal by the defendant.

A. The first and second original judgments are pronounced on the defendant in a combined trial, and the defendant filed an appeal against each of the original judgment, and the court decided to concurrently examine the above two appeals cases.

The first and second crimes in the judgment of the court of first instance with respect to the accused are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced within the scope of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, the first and second judgment of the court of first instance cannot be maintained as it is.

B. According to the records before the latter part of Article 37 of the Criminal Act and the records of the instant case, the Defendant, who was sentenced to imprisonment with prison labor at the Seoul Western District Court on February 8, 2018, for a crime of fraud, etc., may be recognized on April 26, 2018.

Since each crime of the judgment of the first instance court and each crime of fraud for which judgment of the second instance has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each of the above crimes shall be imposed in consideration of equity with the case of concurrent judgment under the main sentence of Article 39(1) of the Criminal Act.

Therefore, in this respect, the first and second judgments of the court of first instance cannot be maintained as they are.

3. Judgment on the grounds of appeal by the defendant against the second part of the judgment of the second instance as to the crime

A. The lower court: (a) the Defendant had a record of criminal punishment several times for the same kind of crime and is under the period of the same repeated crime.