All appeals against the judgment of the court below and the second judgment of the prosecutor against the defendant are dismissed.

1. Summary of grounds for appeal;

A. Defendant: Imprisonment with prison labor of the first lower judgment (four years of imprisonment) and that of the second lower judgment (ten months of imprisonment) are too unreasonable.

B. Prosecutor: The sentence of the judgment of the second instance is too unhued and unreasonable.

2. Determination

A. The Defendant, following a consolidated hearing, filed an appeal against the first and second original judgment, and the prosecutor respectively filed an appeal against the second original judgment, and this court decided to conduct a consolidated hearing of each appeal case.

However, the facts constituting the crime of the judgment of the court of first instance, which was committed before April 9, 201, which was the date of confirmation of fraud in the judgment of the court of first instance that became final and conclusive, was committed later, and the facts constituting the crime of the judgment of the court of second instance were subsequently committed, and thus, separate sentences should be imposed on each of the

Therefore, the judgment of the court below cannot be reversed on the ground of the above concurrent decision.

B. We examine each judgment of the court below on the issue of unfair sentencing in turn.

1) It is more favorable to the fact that the sentencing crime of the first instance judgment is against the victim, that the victim AB is not subject to the victim's punishment, that part of the victim L is recovered, and that equity is considered in the case of fraud at the same time as the judgment of the first instance judgment that became final and conclusive. However, even though the amount of fraud exceeds 500 million won, most of it is not returned, the victims except the victim AB are punished by the defendant, that there are many criminal records of the same kind, and that the victim committed the crime during the period of repeated offense according to the same criminal record (However, the crime of fraud against the victim S is one after the lapse of the repeated offense period

The fact that the crime of fraud against the victim S is committed while the judgment on the crime of fraud in the judgment of the first instance court is pending is disadvantageous.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, the environment, etc. of the defendant, the sentence of the court below is too unreasonable.