The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

All of the applications for compensation filed by an applicant for compensation are dismissed.

1. The grounds for appeal (unfair punishment) by the lower court (one year of imprisonment) is too unreasonable.

2. In a case where the money has been acquired by deception through several times against the same victim in a crime of fraud prior to the judgment on the grounds for appeal of ex officio judgment, only a single crime of fraud shall be established if the criminal intent is single and the method of crime is identical.

(2) On February 23, 2006, 2005Do8645, Feb. 23, 2006). The instant fraud means that “If the Defendant lends a small loan to a female guest, it would guarantee the principal and pay interest of KRW 6,800,000,000 per month, since high profit would accrue,” the Defendant shall be deemed to have acquired the money by fraud from the victim eight times in total, and the Defendant shall be deemed to have acquired the money by the same means with the same victim as a single criminal intent.

Therefore, the crime of fraud in this case is deemed to be one comprehensive crime.

Nevertheless, the court below held that the crime of fraud in this case was concurrent crimes under the former part of Article 37 of the Criminal Act. The court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The first instance court shall apply for a compensation order under Article 32 (1) 1 of the Act on Special Cases concerning Expedition, etc. of Lawsuits to Dismiss the Compensation Order;