The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

The defendant shall be punished by imprisonment for nine months.

1. The summary of the grounds for appeal each sentence (No. 1: imprisonment of 10 months, and imprisonment of 4 months, with prison labor of 4 months) declared by the court below is unreasonable.

2. Prior to the determination of the grounds for appeal by the defendant ex officio, the court below decided to hold a concurrent hearing of each appeal case against the defendant by a member of the court below. Since the crime of the defendant in the judgment of the court of first instance and the crime of fraud in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, the crime of the defendant in the judgment of the court of second instance should be sentenced to a single sentence within the scope of a limited term of punishment under Article 38(1) of the Criminal Act, each of the above parts of the judgment

3. As such, the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance on the grounds of the above ex officio reversal, all of them are reversed without examining the grounds for appeal by the defendant, and it is so decided as per Disposition by the assent of all participating Justices.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the statement in each corresponding column of the defendant among the reasons 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. Articles 332, 331(2) and (1) of the Criminal Act and Article 347(1) of the Criminal Act (the point of habitual theft) (the point of habitual larceny and the choice of imprisonment with labor), comprehensively, by relevant legal provisions and the choice of punishment for the crime;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (limited to extenuating circumstances)

1. The scope of applicable sentences: Imprisonment for a period from September to March 11;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Habitual larceny: It is not a crime subject to setting the sentencing criteria;

B. A significant damage has been recovered in the area of fraudo general fraud, type 1 (less than KRW 100 million)o.