The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The sentence imposed by the court below (five years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before the judgment on the grounds for ex officio appeal, the records of this case show that the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court on January 14, 2009 due to the charge of forging securities, etc. on September 5, 201, and completed the enforcement of the sentence on September 27, 2006. The Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court on September 27, 2006 for a period of two years, on January 9, 2008, to a fine of ten million won for fraud at the Seoul Central District Court on January 19, 2008, and on February 19, 2008, from the Seoul Central District Court on September 24, 2008 to a crime of forging securities at the Seoul Central District Court on January 14, 2008.

It is because the termination of the sentence of the previous conviction, which is the aggravation of repeated crime against the defendant, is delayed due to the invalidation of the suspension of execution and the default of the fine.

Therefore, each crime of fraud against victims M and R, as stated in the judgment below, is committed within three years after the execution of the above punishment was completed, and thus, the punishment shall be determined within the scope of the punishment imposed for a repeated crime pursuant to Article 35 of the Criminal Act. However, the court below erred by omitting the aggravation of repeated crime, and as long as this part and the remainder of each crime are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained in its entirety.

3. As such, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] Summary of facts constituting a crime and evidence recognized by the court is a summary of the facts constituting a crime and a summary of evidence in the first head of the criminal history. “Defendant is a defendant on January 14, 2009.”