All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and three months.

1. The summary of the grounds for appeal Nos. 1 and 2 (the first judgment of the court of appeal: imprisonment of 2 years and 6 months, and the second judgment of the court of the court of the appeal: fine of 4 million won) are too unreasonable.

2. Each appeal case against the two judgment of the court below against the defendant ex officio was consolidated in the trial, and the facts constituting the crime in each of the above cases are concurrent crimes under the former part of Article 37 of the Criminal Act, and only one punishment is imposed against the defendant under Article 38 of the Criminal Act. In this regard, the judgment of the court below which sentenced a separate punishment for the facts constituting the crime in each of the above cases cannot be maintained as they are.

4. 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, and it is so decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is to be added to the first head of the facts constituting a crime of the first instance judgment of the first instance. "The defendant was sentenced on March 29, 2005 by imprisonment with prison labor for 4 months, imprisonment with prison labor for 8 months, and imprisonment with prison labor for 6 months at the Ulsan District Court on February 20, 2006, and completed the execution of each of the above punishments at the detention center on February 20, 2006." The summary of the evidence of the first instance judgment is to be added to "1. criminal records: three copies of the judgment, and one copy of the consolidated case inquiry" as stated in each corresponding column of the judgment of the lower court, and thus, they are cited as it is in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the victim J. (a) who has been accused of the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and obtained approximately KRW 227 million by fraud.