All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for 10 months and the second instance court: imprisonment with prison labor for 8 months) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the case No. 2015 No. 4580 of this Court, which is the appeal case against the judgment of the court of first instance, was consolidated in the proceedings for the first instance. The case No. 2016 of this Court, which is the appeal case against the judgment of the court of second instance, was joined in the proceedings for the second instance. Since each crime of the first and second appeals is in a concurrent crime under the former part of Article 37 of the Criminal Act, each crime of the judgment of the court of second instance shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained in this respect.

3. If so, 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, since there is a ground for reversal under the above authority, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud), Article 6(1), Article 3(1), and Article 6(1) of the Act on the Regulation of Similar Receiving Acts (the point of receipt, including the point of receipt,), and the choice of imprisonment, respectively, for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are 13 victims of this case, and the total amount of damage reaches KRW 360 million, which is a large amount of crime. On November 17, 2010, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor in the Seoul Southern District Court on November 25, 2010 and was sentenced to a suspended sentence of 2 years for fraud, etc., and the same criminal records are five times (two times a suspended sentence, and three times a fine).