All judgment of the court below shall be reversed.

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

1. The summary of the grounds for appeal (in the case of the first judgment: imprisonment with prison labor for 8 months and the second judgment: imprisonment with prison labor for 3 months) of the lower court is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The judgment of the court below was pronounced to the defendant in sequential, and the defendant filed each appeal against the judgment of the court below.

This Court decided to consolidate the above two appeals cases.

However, each of the offenses committed by the lower judgment guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.

In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. Since the above reasons for the reversal of authority as above exist, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense, and the choice of punishment, respectively, and Articles 15 (9) 1 and 6 (1) of the Reserve Forces Act (the point of failure to attend the training of the reserve forces and the choice of imprisonment);

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize all the crimes of this case among the concurrent crimes, the accused does not have any criminal record exceeding the fine of the accused, and the accused in this court pays the amount of damage to the defrauded C, L,O, I, J, N, and F (the total amount of damage totaling KRW 2,358,00,000 among the total amount of damage totaling 2,358,000, the total amount of damage totaling KRW 2,007,00) is favorable, or the accused has a criminal record of fraud and a criminal record of a violation of the Reserve Forces Act.