All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Nos. 1 through 3 of seized evidence.

1. The decision of the court below (No. 1: imprisonment with prison labor for 2 years, confiscation, and 2 years: imprisonment with prison labor for 1 year) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, two appeals cases were joined in the first and second trials by ex officio prior to the judgment on the grounds for appeal, and each of the offenses in the first and second trials against the Defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court below was unable to be maintained as it is.

3. As such, the judgment of the court below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and it is again decided as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the original judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 30 (Crime of Fraud), 352, 347(1), and 30 (Crime of Attempted Fraud) of the Criminal Act, and each choice of imprisonment with prison labor, respectively;

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. The so-called “scaming” fraud, such as the crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, consists of organized, planned, and intelligent offenses, and social harm is very high, and even if he/she participates only in part of the crime because it is difficult to arrest the entire organization, a strict punishment is required.

The amount of damage caused by the instant crime reaches KRW 2.40 million, and the Defendant, while misrepresenting the staff of the Financial Supervisory Service in the instant crime, received money directly from the victims, and the degree of his participation is not easy.

up to the trial of the court.