The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and 2 months: imprisonment with prison labor) is too unreasonable.

B. Inspection (as to the judgment of the court of first instance), the sentence of the court below is too unhued and unreasonable.

2. Prior to the determination of the grounds for appeal by the Defendant and the prosecutor ex officio, the cases of appeal against each judgment of the court below were examined by combining them with each other. Each of the crimes in the judgment of the court below in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed with the exception of compensation order among the judgment of the court below of first instance pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and the judgment of the court below is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud of the victims other than the victim's Z), Article 347(2) and (1) of the Criminal Act (the fraud of the victim's Z), and the choice of imprisonment for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution;

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

2. The scope of recommendations according to the sentencing criteria; and