A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

In full view of the details of the conclusion of the contract between the defendant and the victim D, the contents of the special agreement, the defendant's efforts to fulfill his/her obligations, etc., it is difficult to view that the defendant has received 300 million won from the victim

Nevertheless, the judgment of the court below which recognized the establishment of a crime of fraud against the defendant's act, which is merely a simple civil debt, is erroneous in misconception of facts

The sentencing of the lower court (three years of suspended sentence in June of one year and six months) is too unreasonable.

On November 24, 2011, the lower court recognized only the facts established on January 16, 201 as the first head after the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Seoul East Eastern District Court on November 24, 201, and determined that the crime of fraud and the crime of this case committed prior to the said judgment constituted concurrent crimes under the latter part of Article 37 of the Criminal Act.

If a court pronounces a sentence with respect to a crime for which a judgment of conviction resulting in imprisonment without prison labor or heavier punishment has become final and a crime for which a judgment of conviction has become final and the latter part of Article 37 of the Criminal Act is concurrent crimes, it shall be sentenced in consideration of equity in cases where the said crime and the crime for which judgment has become final and conclusive are to be concurrent crimes (Article 39(1) of the Criminal Act). In order to be concurrent crimes under the latter part of Article 37 of the Criminal Act, the crime for which judgment of conviction with imprisonment without prison labor or heavier punishment has become final and the crime for which judgment has become final and conclusive and the crime for which judgment has become final and conclusive before the said judgment has become final

I would like to say.

(See Supreme Court Decision 2008Do209 Decided October 23, 2008). According to the records, the defendant was sentenced on July 7, 201 to imprisonment with prison labor and two years of suspension of execution at the Seoul Eastern District Court on July 7, 201, and the judgment became final and conclusive on July 26, 2012.