All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

1. The summary of the grounds for appeal is too unreasonable that each punishment (the first instance judgment: the imprisonment of 10 months, and the second instance judgment: the imprisonment of 1 year and 3 months) declared by the lower court is too unreasonable.

2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as shown in each corresponding column of the judgment of the court below, except for the addition of “the defendant’s trial testimony” to the summary of the evidence of the court of first instance. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347 (1), 231, 234, 231, and 329 of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the Defendant had the record of having been punished several times for the same kind of crime. On April 27, 2010, the former District Court sentenced the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act to eight months for criminal fraud, the Specialized Credit Financial Business Act violation, and imprisonment with prison labor for larceny. On August 5, 2011, the Defendant started to commit the instant crime again within a short period after the execution of the said sentence was completed, and each of the instant crimes was committed during the period of repeated crime.