All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (the first instance court: the imprisonment of 10 months, and the second instance court: the imprisonment of 2 months) of the lower court is too unreasonable; and

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

In the first instance trial, the appeal cases of the lower judgment were combined, and each of the crimes in the lower judgment’s holding are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the concurrent crimes under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The following circumstances are favorable to the defendant for reasons for sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which are aggravated for concurrent crimes:

The defendant is deeply divided and reflected in each of the crimes in this case.

The money obtained by the defendant from victims is relatively small.

There is no past record of criminal punishment for the same crime, and there is no criminal record of imprisonment.

There are places in which the defendant is economically difficult.

Circumstances unfavorable to the defendant are as follows:

Many of the defendants committed frauds over a short time against the victims.

The defendant did not take all measures to recover from damage until the trial of the case, and all victims were punished for the defendant.