All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The sentence of the lower court (No. 1: Imprisonment with prison labor for 10 months and 2 months: imprisonment for 8 months) against the accused on the summary of the reasons for appeal is too unreasonable.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.

Accordingly, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code.

In this respect, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in its entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 327(1) of the Criminal Act applicable to the crime, Article 327(1) of the choice of punishment, and Articles 6(1) and 3(1) of the Act on the Regulation of Similar Receiving Acts and Subordinate Statutes, and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims E, with the largest punishment and punishment) of the Act on the Aggravated Punishment of Concurrent Crimes is as follows: (a) the crime of this case is committed by acquiring a sum of KRW 170,170,000 from three female members under the name of investment or loan money after the defendant was established D; and (b) the act of receiving a similar receipt is heavier in light of the circumstances of the crime and the amount of fraud.