The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. In a case where a person deceptions another party by a single criminal exercise of a judgment ex officio and obtains money from the same person who is suffering from a mistake through the same method for a certain period of time (Supreme Court Decision 2004Do1751 Decided June 25, 2004). The summary of the part concerning fraud among the crimes of this case committed by the defendant is 275 million won in total over 15 times from September 30, 2010 to December 14, 2012, and thus, it constitutes a single crime by combining it as a single crime since it constitutes acquiring money continuously from the victim who is suffering from a mistake for a certain period of time. Furthermore, it is reasonable to view that the criminal intent is identical to that of the victim who is suffering from a mistake, and therefore constitutes a single crime by combining the criminal method and the legal interests and interests that are identical.

Meanwhile, in a case where an individual criminal act, which is a single comprehensive crime, has been committed over the period before and after a final judgment of a different kind, the crime is not divided into two crimes, and it is completed at the time of the final criminal act which is after the final judgment (see Supreme Court Decision 2001Do3312, Aug. 21, 2001, etc.). The above crime of fraud is completed after the relation with the crime of violation of the Act on the Punishment of Acts, such as brokerage, etc. of Commercial Sex Acts, entered in the judgment of the court below, which became final and conclusive on September 10, 201 and January 21, 2012, so there is no room for applying the latter provisions of Article 37 of the Criminal Act to concurrent crimes.

However, the lower court, among the above frauds, has the relation between the violation of the Act on the Punishment of Acts, such as Mediation, etc. of the above sexual traffic (mediation, etc. of sexual traffic) and the concurrent crime of Article 37 of the Criminal Act.

From the perspective of the Criminal Code Article 39 (1) of the Criminal Code, since punishment for part of the crime of fraud is determined in consideration of equity and cases where judgment is concurrently rendered pursuant to Article 39 (1) of the Criminal Code (Article 37 of the Criminal Code).