All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal is unreasonable because each of the punishments (No. 1 and 6 months of imprisonment with prison labor for the first instance court, and No. 2: Imprisonment with prison labor for the second instance court) declared by the original court is too unreasonable.

2. This Court made a decision ex officio to hold concurrent trials with each appeal case against the judgment of the court of first instance against the judgment of the court of second instance. The crime of the court of first instance against the defendant and the crime of the judgment of the court of second instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of a limited term of punishment under Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first and second instance cannot be exempted from all reversal.

3. If so, 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, since there are grounds for ex officio reversal as seen earlier, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 351, 347(1), and 30 of the Criminal Act (generally, the fact that habitual fraud is committed), Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and Article 30 of the Criminal Act (the fact that the judgment of the court of first instance recognized the act of receiving fund without permission, the fact that the judgment of the court of second instance recognized the act

1. As to the violation of Article 35 of the Criminal Act among repeated crimes (Fraud), Article 35 of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Regulation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).