The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “instant provision”) amended by Act No. 13717, Jan. 6, 2016, separate from Article 35 of the Criminal Act, where a person who has been sentenced not less than three times to imprisonment for committing a crime (including a criminal who committed a crime) under Articles 329 through 331 of the Criminal Act, and again commits the relevant crime during the period of repeated crime, such person shall be punished as a statutory penalty heavier than the Criminal Act.

Therefore, the punishment for a repeated crime under Article 35 of the Criminal Act should be determined within the scope of the heavier penalty for a repeated crime under Article 35 of the Criminal Act.

(2) The lower court determined that the Defendant was guilty of repeated crime under Article 35 of the Criminal Act in determining the applicable sentences, thereby adversely affecting the conclusion of the judgment. In so doing, the lower court erred by misapprehending the legal doctrine on the interpretation of the statutory provisions of this case, thereby adversely affecting the conclusion of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act for criminal facts at issue (the point of fraud and the choice of imprisonment), Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 329 of the Criminal Act, Article 70(1) of the Specialized Credit Finance Business Act.