All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

From the defendant 10,000.

1. The sentence imposed by the lower court on each of the gists of the grounds for appeal is too unreasonable.

2. We examine the defendant's reasons for appeal ex officio prior to judgment.

Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act.

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

3. The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal which was unfair for sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is identical to each corresponding column of the two original judgments, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 111 (1) (the point of receiving money and valuables on the pretext of solicitation) of the Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 116 of the Act by an attorney at an additional collection;

1. The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

2. The types of sentencing criteria [the scope of recommending punishment] shall be determined based on the sum total of the gains in each crime of fraud according to the criteria for handling multiple crimes of type 1 (less than KRW 100 million).

(1) In the case of a crime committed in a very poor manner, or by deceiving a court in a trial proceeding, the basic territory (one to one year and six months) / (a person who has been specially mitigated) / In the case of a crime committed in a trial proceeding

3. There was a history that the defendant who made the decision of sentence has been punished several times for the same kind of crime;