The judgment of the court below is reversed.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. To examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and if the money was acquired by deception through several times against the same victim in fraud, if the criminal intent is single and the method of crime is the same, only a single comprehensive crime in fraud shall be established.

(2) According to the records, the crime of this case is committed on February 11, 2002. The defendant, who operated the liver restaurant, supplied the victim with a total of 413,640,00 won from January 3, 2007 to November 17, 201. The defendant acquired the property by the same method and acquired the property against the same victim with a single criminal intent. In light of the above legal principles, it constitutes a single criminal intent and thus constitutes a single comprehensive crime of fraud. However, the court below determined that the above fraud of the defendant was a separate crime, and determined that the crime of fraud was committed within the scope of the punishment period, which affected the conclusion of the judgment by misapprehending the legal principles on the number of crimes of fraud, thereby affecting the conclusion of the judgment.

3. If so, 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 it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.