All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.

The defendant above.

In light of the fact that the defendant's grounds for appeal are against the defendant, and the victims except AH and AZ have been repaid for damage to all victims, the punishment of fines of KRW 500,00 in August sentenced by the first instance court and the imprisonment of KRW 4 months sentenced by the second instance court and KRW 7 months sentenced by the third instance court is too unreasonable.

Before the judgment on the defendant's assertion of unfair sentencing was made ex officio, the defendant was examined separately in the first, second, and third instances. After the judgment on the defendant's argument of unfair sentencing, the first instance court sentenced the imprisonment of August and the fine of KRW 500,00, the second instance court sentenced the imprisonment of April, and the third instance court sentenced the imprisonment of July. However, this court decided to conduct a consolidated trial as a result of the defendant's appeal against each of the above decisions. The crime of each of the judgment of the court below against the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of one sentence among concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, since there are reasons for ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud, the choice of imprisonment with prison labor), the main sentence of Article 246 (1) of the Criminal Act (including the point of gambling, and inclusive) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in a crime of fraud against victims BD, the most serious crime committed each other in fraud);

1. Detention at a workhouse;