All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

(1) The Court has decided to consolidate each appeal case against the judgment of the court below, and each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act.

(2) Examining the records of this case’s concurrent crimes under the latter part of Article 37 of the Criminal Act, the Defendant appealed on July 24, 2014 at the Incheon District Court sentenced each of the above courts to imprisonment with prison labor for one year, four years and six months, and six months, and August 12, 2014, with prison labor for fraud, etc. on August 12, 2014. On November 18, 2014, the above court sentenced the two cases to five years of imprisonment with prison labor and dismissal of appeal regarding the above one year of imprisonment with prison labor, and it can be recognized that the said judgment became final and conclusive on November 25, 2014. Since each of the crimes of Articles 1 and 2 of the judgment of the court below falling under the part on which five years of imprisonment with prison labor was sentenced among the above final and conclusive judgments are concurrent crimes under the latter part of Article 37 of the Criminal Act, the sentence shall be determined in consideration of equity and the same.

3. Accordingly, the judgment of the court below is no longer maintained in this respect, and the judgment below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the following is again decided through oral proceedings.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1), 228(1), 229, 231, 234, and 30 of the Criminal Act concerning the facts constituting an offense; the choice of imprisonment with prison labor;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;