All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The sentence imposed on Defendant 1 and the second instance (the first instance court: the imprisonment with prison labor for 6 months and the second instance: the imprisonment with prison labor for 4 months) is too unreasonable.

(b) The sentence imposed on the Defendant by the first instance trial of the Prosecutor is too unfasible and unreasonable;

2. The first and second original judgments were rendered on the defendant's judgment ex officio, and the defendant filed an appeal against the first and second original judgments, respectively, and the court decided to jointly examine the above two appeals cases.

Since the crime of the first instance judgment and the crime of the second instance judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be sentenced in accordance with Article 38 of the Criminal Act, so the first and second lower judgment cannot be maintained as it is.

3. The judgment of the court of first and second instances on the grounds of the above ex officio reversal is reversed in its entirety without examining the grounds of unfair sentencing by the defendant and the prosecutor, and the judgment of the court of first and second instances is reversed in its entirety, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court, 【The facts constituting a crime and the summary of the evidence admitted by the court, and the summary of the evidence are the same as each corresponding part of the judgment of the first and second original courts, and thus, they shall be quoted in accordance with Article 369

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. From among concurrent crimes, each of the instant frauds committed against the same victim during the period of probation, even though the Defendant was sentenced to a suspended sentence of imprisonment on January 21, 2015, with the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act by deceiving the Defendant of KRW 78 million among the concurrent crimes, is an unfavorable circumstance to the Defendant, such as the fact that each of the instant frauds was committed against the same victim during the period of probation, planned crimes to raise gambling funds, and that the total amount of damage reaches KRW 5 million.

The defendant recognizes all crimes and reflects them, and the defendant is in the trial.