All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for five years.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below on each of the grounds of appeal by the defendant (the first judgment of the court below: 5 years of imprisonment and 4 months of imprisonment) is too unreasonable.

B. The grounds for appeal by the prosecutor (as to the first instance judgment), the first instance court’s sentence against the defendant is too unfasible and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments against the defendant are pronounced, and the defendant filed an appeal against the first and second judgments, and the prosecutor decided to concurrently examine the above two cases of appeal. The first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below cannot be maintained as they are.

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 and the prosecutor’s allegation of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

[Discied Judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act (including each fraud committed against L, M, N, and each victim), Article 347 (1) of the Criminal Act (including each fraud committed against the victims of money, each fraud committed against the victims, each fraud committed by each victim, and each choice of imprisonment with prison labor), respectively;

1. The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes shall apply;