All judgment of the court below shall be reversed.

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

1. The summary of the grounds for appeal (e.g., both types of punishment) that each court below sentenced against the accused (e.g., imprisonment with prison labor for August and 2 of the original judgment: imprisonment with prison labor for 10 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment was rendered to the defendant ex officio, and the defendant was sentenced to imprisonment for 8 months with prison labor for the former and 10 months for the latter by the Daejeon District Court 2014Da3691, 2014Kadan4455 (Joint) and the Daejeon District Court 2015 Godan2659, which was the first instance court. However, the defendant filed each appeal against each of the above judgment below, and the appellate court decided to jointly examine the above appeal cases.

The crime of each decision of the court below against the defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of a prison term imposed pursuant to Article 38(1) of the Criminal Act, and therefore the judgment of the court below shall not be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and choice of imprisonment with prison labor);

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

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Imprisonment with prison labor for not more than 15 years;

2. Each crime in determining whether to apply the sentencing criteria shall be committed.