We reverse the judgment of the court below.

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

1. The sentence (No. 1: Imprisonment with prison labor for 8 months and imprisonment for 3 months) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of

3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

(a) Class 1 crime (Fraud) (Crime of Fraud) (Type 1 (less than KRW 100 million) [Special Aggravation] of the same type repeated crime [the scope of recommending punishment] of the aggravated area (one year to two years)

(b) Class 2 (Determination of Type) Crimes (thief) No. 2 (General thief) (Special Sentencing) (Scope of recommended punishment) Basic Area (B/L from June to June) of the thief on general property

(c) The scope of final sentence due to the aggravation of multiple offenses: one year to three years;

2. The Defendant, who was sentenced to punishment, has served seven times the period of punishment for fraud or larceny, and each of the crimes of this case shall be punished by fraud.