We reverse the judgment of the court below.

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

The defendant against B who made an application for compensation 1,800.

1. The summary of the grounds for appeal by the defendant and his defense counsel is that the defendant sold merchandise coupons at a discount to solicit the purchase of insurance while working as an employee of the insurance company, and as expected, the defendant did not subscribe to the insurance and losses increased. During the crime of this case, at any time, the victim E and F of the first instance judgment returned the amount of KRW 114,590,40 to the victims of the first instance judgment, and actually purchased merchandise coupons and delivered them to the victims. The victim E and F of the second instance judgment returned the amount of KRW 500,000 to each victim E and F, the amount of KRW 17,00,000 to the victim G, and the degree of actual damage of the victims is smaller than the amount indicated in the facts charged. In light of the fact that the defendant supports a parent with less health conditions and there is no record of criminal punishment, each punishment by the lower court sentenced to two years (the first instance judgment) and August (2) is too unfair.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The first and second original judgments were sentenced to each of the judgment below, and the defendant filed an appeal against the judgment of the court below, and the court decided to hold the above two cases together. 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 should be sentenced to one sentence under Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

3. The judgment below reversed all the judgment below pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the grounds of the above ex officio reversal, and further decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant and the summary of the evidence shall be 46 times in total, as shown in attached Table 1 of the crime of the first instance judgment [2016 Highest 913] and the last two of the crimes of the first instance judgment.