All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

The defendant shall be a person who has made compensation for the trial.

1. The summary of the grounds for appeal (the second instance judgment: imprisonment with prison labor for a period of four years and six months, and imprisonment for a period of two months: 2 months) of the lower judgment alleged that the Defendant is unfair due to excessive circumstances, and the Defendant explicitly withdraws his/her argument of mental and physical weakness on the date of the first instance trial.

The prosecutor asserts that the first decision-making decision-making sentence is too unhued and unfair.

2. Before determining the grounds for appeal by the Defendant and the prosecutor ex officio, the appeal cases against each judgment of the court below were examined and tried together with each other. Each of the offenses in the judgment of the court below in relation to concurrent offenses under the former part of Article 37 of the Criminal Act is in relation to concurrent offenses 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 aggravated for concurrent offenses under Article 38(1) of the Criminal Act, and each of the judgment below

3. As such, each court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the error of sentencing by the defendant and the prosecutor, on the ground that there is a ground for reversal ex officio as above. The court below's decision is reversed in entirety, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the corresponding columns of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 352 of the Criminal Act, Article 347(1) (the point of fraud) of the Criminal Act, Article 347(1) (the point of attempted fraud) of the Criminal Act, Article 355(1) (the point of embezzlement) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Articles 25 (1), 31 (1), 31 (2), and 25 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 (Fraud);