All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: 2 years and 6 months, and the second instance court: imprisonment with prison labor for 2 months and 3 months: imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

B. The lower court’s sentence Nos. 1 and 3 of the Prosecutor is too unhued and unreasonable.

2. As to the entire judgment of the court below, the prosecutor filed an appeal against the judgment of the court below Nos. 1 and 3, respectively, and the court decided to hold concurrent hearings of the appeal cases.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal. Thus, the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the summary of the first instance judgment is as stated in the lower judgment, except for adding “the Defendant’s trial testimony” to the summary of the evidence of 2017 High 67 Gohap, as stated in the lower judgment.

Application of Statutes

1. Article 3 of the Act on the AB and D of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) and Article 30 of the Criminal Act (the fraud against victim N), Article 347(1) of the Criminal Act (the fraud against victim AB and D, choice of imprisonment with prison labor), Articles 352 and 347(1) of the Criminal Act (the attempted fraud, and choice of imprisonment with prison labor)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the punishment of which is the largest, shall be aggravated for concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, falls under a single concurrent crime after Article 37 of the Criminal Act for the reason of sentencing under Articles 53 and 55(1)3 of the Act, and thus, the sentencing guidelines are not applicable to the defendant, by deceiving the victim N, 50 million won.