All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.

1. Summary of grounds for appeal;

A. Each sentence (the first instance court: imprisonment with prison labor for three years, and the second instance court: imprisonment with prison labor for four months) imposed on the defendant by the court below is too unreasonable.

B. The above-mentioned sentence that the second instance judgment of the prosecutor (the second instance judgment of the court below) is the Defendant is too unhutiled and unfair.

2. Before determining the grounds for appeal by the Defendant and the Prosecutor, this Court tried to jointly examine each appeal case against the judgment of the court below. Each of the offenses in the judgment of the court below against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal. Thus, the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to 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 legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 6(1) and 3 (the point of receipt of similar messages) of the Act on the Regulation of Similar Receiving Acts, and Articles 6(1) and (3) of the same Act, and the choice of imprisonment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is against the Defendant’s criminal act of this case, and it is more favorable that the victim C wanted to take a preference against the Defendant for the first time in the trial.

The instant crime is committed against a large number of victims.