All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. The sentence sentenced to the first instance court (two years and six months of imprisonment) and the second instance court (ten months of imprisonment) are deemed to be too unreasonable.

2. We examine ex officio the judgment of the court below on the grounds for appeal by the defendant.

The judgment of the court below against the defendant was rendered, and the defendant filed an appeal against all of the judgment below, and this court decided to consolidate the two appeals cases.

Since each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment below cannot be maintained in its entirety.

3. As above, the judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing against the judgment below, 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 provisions of the Criminal Act and Article 347(1) of the Criminal Act (including fraud and fraud with respect to the victim K), Articles 352 and 347(1) of the Criminal Act (including fraud and fraud with respect to the victim K), the choice of imprisonment with labor

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant committed a crime against the victim H; (b) the Defendant committed a crime against the victim K, by taking advantage of a fiduciary relationship as a military post-line, and by taking advantage of the victim K, and by taking fraud or taking money, the crime is very poor; and (c) the victims acquired money exceeding KRW 230 million due to each of the crimes of this case.