The judgment of the court of first instance and the judgment of the court of second instance are all reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of reasons for appeal and ex officio reversal of the appeal;

A. The gist of the grounds for appeal by the defendant is that the punishment of the first and second judgment (the first judgment: imprisonment with prison labor for 10 months and 2 years: imprisonment with prison labor for 3 years and 6 months) is too unreasonable.

B. We examine the defendant's grounds for appeal ex officio prior to the judgment.

The defendant appealed against the judgment of the court below 1 and 2 on the above grounds, and this court decided to jointly deliberate on the appeal cases against the above two judgments.

However, since each crime of the first and second judgments is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the above rulings cannot be maintained as they are.

(c)

Therefore, without examining the defendant's unfair argument of sentencing, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following is ruled again through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as stated in each corresponding column of the first and second judgments, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (including each injured party) and the choice of imprisonment with prison labor for the crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to a violation of the Act on the Regulation of Similar Receiving Acts for which each crime and judgment have become final and conclusive);

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (aggravating concurrent crimes with regard to L with the largest punishment) of the Act on the Aggravated Punishment of Concurrent Crimes lies in a number of criminal offenses including the same criminal records, and the amount of damage caused by each of the instant crimes also leads to approximately KRW 1.7 billion.

However, the defendant is too late to commit each of the crimes in this case, and it is against the depth of the victims.