All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The first instance judgment is the applicant L.

1. The summary of the grounds for appeal is that the Defendant is too unafford and unfair in the first instance court’s punishment (one year and six months of imprisonment). The Prosecutor appealed from the second instance court’s punishment (7 million won of punishment) on the ground that the Defendant is too unafford and unfair.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

The court of the first and second trial cases against the defendant were reviewed concurrently. Each offense of the defendant's first and second trial cases is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be punished within the term or amount of punishment for which concurrent offenses are aggravated under Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each of 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. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 347 (1) of the Criminal Act (a point of fraud) and choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against Lane, the nature of which and the circumstances of which are the largest, provided for in a crime of fraud);

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss a Compensation Order [A] [Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss a Compensation Order: L applicant for the first instance trial applied for a Compensation Order of KRW 475,000, which the Defendant acquired by deception; and the Defendant is above October 25,