1. The judgment below is reversed.

2. The defendant shall be punished by a fine of nine million won.

3. The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 9 million) is too uneased and unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the lower court found the Defendant guilty of the facts charged of the instant fraud, but omitted application of the relevant statute, thereby making it impossible to maintain the lower judgment as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Grounds for the new judgment] The same as stated in the corresponding column of the judgment of the court below on the facts constituting a crime and the summary of evidence, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 152 subparag. 1 and 43 of the Road Traffic Act, Article 347(1) of the Criminal Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes [the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes for the Violation of Road Traffic Act with heavier punishment between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same kind of crime, and in particular, it is disadvantageous that the defendant again committed the crime of this case without being aware of the fact that he/she is under repeated crime even though he/she was under repeated crime.

On the other hand, the defendant is making a confession of all of the crimes of this case, and the victim F is injured by the victim F (as for about two weeks of medical treatment, e.g., base salt, etc.).