All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The punishment of each of the lower courts (the first instance court: the imprisonment of June and the second instance court; the imprisonment of March) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

A. The Defendant filed an appeal against the first and second judgment on the grounds of ex officio reversal following a joint hearing, and the court of the first and second instance decided to jointly examine the two appeals cases.

However, since the crimes of the first and second trials are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed within the scope of the term of punishment for concurrent crimes pursuant to Article 38(1) of the Criminal Act, and each judgment of the court below against the defendant cannot be maintained as it is.

B. Article 347(2) of the Criminal Act was applied to the fraud of the victim Q.

However, as stated in the facts of the crime in the judgment of the court below in the second instance, allowing Q to remit KRW 300,000 to the above amount to the account in Q is not attributable to the intention of L to obtain property benefits equivalent to the above amount, but merely allowing Q to deceiving L in advance in order to receive KRW 200,000 from L with clothes equivalent to KRW 10,000 as well as clothes and money in order to receive KRW 200,000 from L and transfer money to the account in the name of L. It is also revealed that L is a victim used for a separate fraud of the defendant, and it cannot be viewed as a person who has acquired property benefits equivalent to the amount remitted to his own account.

Therefore, even though Article 347(1) of the Criminal Act should apply to the fraud of the victim Q Q, the judgment of the court below in the second instance is erroneous in the application of this part of the law.

3. The judgment of the court below on the grounds of the above ex officio reversal, and thus on the defendant's assertion of unfair sentencing.