All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six years.

1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for 5 years, and imprisonment with prison labor for 3 years) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the appeal case against the judgment below was consolidated with the first and second judgments. Each of the crimes of the first and second judgments against the defendant was concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court below was unable to be maintained as it is.

3. As such, there exists a ground for reversal ex officio as above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s unfair argument of sentencing, and the following is again decided after pleading.

【The reasoning of the judgment that was used again] The facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence are as follows: (a) the “DW” of the first instance judgment 13 times in the daily list of crimes (2) as “DX” ; and (b) the “part of the Defendant’s legal statement” of “1. 5098” in the summary of the evidence of the first instance judgment as “1. 5. 1. 1. Defendant’s legal statement” are as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act for the selection of punishment for the crime, each of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Article 347(1) of the Criminal Act (the fraud point); Articles 356 and 355(1) of the Criminal Act (the occupation of occupational embezzlement) of the Criminal Act; Article 355(1) of the Criminal Act (the occupation of embezzlement) of the Criminal Act; Article 329 of the Criminal Act; Articles 80 subparag. 6 and 58(1) of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Articles 80 subparag. 6 and 58(1) (the fact of failing to notify whether the registration of seizure or mortgage of a motor vehicle is registered).

1. Grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes