All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 1,00,000 won.

The defendant above.

1. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (the first instance court: imprisonment with prison labor for 10 months, and the second instance court: the fine of 3 million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of this Court No. 2012No3710, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2013No1135, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes of the judgment of the court of first and second is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment

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, on the grounds of the above reasons for reversal of authority, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part 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 Articles 347 (1) and 314 (1) of the Criminal Act (the point of fraud and the choice of imprisonment with labor) concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes (Offense of Fraud)

1. Of concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)3, and Article 50 of the Criminal Act include: (a) the Defendant led to the confession of the instant crime and reflects his depth; (b) the Defendant was sentenced to a fine of ten times for violent crimes; (c) the Defendant was sentenced to a fine of ten times for the instant crime; (d) the Defendant was punished four times for the crime of fraud; (d) the Defendant committed the instant crime during the period of repeated crimes; and (d) the Defendant committed the instant crime during the period of repeated crimes.