All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. The summary of the grounds for appeal (the first instance court: the imprisonment of 1 year and 4 months, and the second instance court: the imprisonment of 2 years and 6 months) of the lower court is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, this Court tried ex officio prior to the determination of the grounds for appeal by the Defendant, and this Court tried together with the appeal cases by the first and second judgment against the Defendant. Each of the offenses committed in the concurrent trial by the original judgment is in a concurrent crime relationship 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 crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the lower judgment cannot be maintained.

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's assertion of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. 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, the choice of punishment for the crime, and the choice of imprisonment;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize and reflects all of the instant crimes. The victim F was paid KRW 210 million to the victim F and KRW 130 million to the victim K.

On the other hand, the crime of this case is committed by deceiving a person on several occasions, and it is not good to commit the crime.

The amount of fraud exceeds the total of 70 million won, and the damage payment has not been made a considerable part.

Although the defendant had been punished for the same crime, he also committed the crime of this case.

(b) other.