1. The part of the judgment of the court below, excluding the compensation order, shall be reversed.

2. The defendant shall be punished by imprisonment for one year;

1. The summary of the grounds for appeal (Article 1: Imprisonment with prison labor for 10 months, compensation order, and imprisonment with prison labor for 6 months) that the court below pronounced is too unreasonable; and

(2) On the other hand, the defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance, and the court of second instance decided to concurrently examine each of the above appeal cases.

As long as the facts constituting the crime of each judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be judged simultaneously and sentenced to a single punishment, so the judgment of the court below cannot be maintained further.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are as follows: the facts charged and the summary of the evidence are identical to the corresponding column of the judgment of the court below, except for the modification of the "N" of the fourth, fifth, nine, and sixteen of the judgment of the court of first instance to "K". Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. From among concurrent offenders, it is recognized that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include: (a) the sum of the amount acquired by the Defendant from ten victims due to each of the instant crimes is 12,474,00 won in total; (b) the victim is not agreed with the victims other than the victim S, T, E, and F; and (c) the fact that there was a record of being fined twice as a crime of fraud.

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