All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The punishment (the first judgment: imprisonment with prison labor for 1 year, and the second judgment of the original court for 10 months: imprisonment with prison labor for 10 months) of each judgment of the accused is too unreasonable.

B. The sentence of the first judgment of the court below by the prosecutor is too unhued and unreasonable.

2. Before determining the grounds for appeal by the defendant and prosecutor ex officio, this Court decided to hold a concurrent hearing of each appeal case against the judgment of the court below. Since the first and second judgments of the court below found the defendant guilty in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the separate punishment like the first and second judgments of the court below cannot be punished and the punishment shall not be imposed pursuant to Article 38(1) of the Criminal Act concerning the punishment of concurrent crimes. Thus, the judgment of the court below cannot be maintained any more in this respect.

3. If so, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing by the defendant and the prosecutor, and the judgment below is reversed ex officio, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment with labor);

1. Among concurrent crimes, the reasons for sentencing Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act are the criminal facts of the same kind with the defendant 10 times, the fact that the amount of fraud of this case (victim M: 82 million won, victim D: 70 million won) is larger, the victims have not recovered from damage (this is deemed to have been repaid to the victim M in an amount equivalent to KRW 14.5 million and KRW 12 million to the victim D), and other criminal defendants.