All judgment of the court below shall be reversed.

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

1. The summary of the grounds for appeal is too unreasonable that each of the original judgments (one year of imprisonment and one million won of fine, two years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant appealed against the judgment below, and the court decided to concurrently examine each of the above appeals cases.

However, since each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced within the scope of the term of punishment imposed under Article 38(1) of the Criminal Act.

In this respect, each judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in its entirety under Article 364(2) of the Criminal Procedure Act, and it is so decided as per Disposition by the assent of all participating Justices, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. 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 applicable to the pertinent criminal facts and Article 347(1) of the choice of a sentence (Fraud, the first instance court’s imprisonment with prison labor and fine, and the second instance court’s imprisonment with prison labor for each defendant selected to be sentenced to imprisonment with prison labor) of the relevant criminal facts and Article 347(1) of the Criminal Act for the selection of a sentence (see, e.g., Supreme Court Decision 2016Do2136, May 12, 2016), even if both of the appeals cases of the lower court were selected to be imprisonment with prison labor for each crime in the first and second instances, insofar as the sentence exceeding imprisonment with prison labor imposed by the lower court is not imposed (see, e.g., Supreme Court Decision 2016Do21

1. The Criminal Act among repeated crimes;