The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 6 months, and imprisonment with prison labor for 6 months: 6 months) by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the sentencing of the defendant on the grounds of ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment with labor for the crime

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 are five times in total, the Defendant, a total of KRW 110 million from four victims, by fraud and uttering private documents, and the Defendant’s liability for the crime is not easy.

The defendant was unable to reach an agreement with the victims up to the trial of the case.

Defendant has been punished three times, including punishment for the same crime.

However, the Defendant recognized all the crimes of this case and reflected the mistake.

The defendant is the case at the lower court, 2018 Godan1577.