The sentence against the defendant shall be six months of imprisonment with prison labor for the first crime as stated in the original judgment, and shall be decided in the original judgment.

The punishment of the court below (the first crime in the original judgment: imprisonment with prison labor for 6 months and the second crime in the original judgment: imprisonment with prison labor for 3 months) is too unreasonable.

Judgment

The fact that the defendant has a criminal record for the same kind of crime, the fraud amount is heavy in the case of the first crime as the judgment of the court below, and the crime committed during the period of probation is also bad in the case of the second crime as the judgment of the court

However, it is more favorable sentencing factors such as the fact that the defendant fully acknowledges his mistake, that the defendant agreed with all victims in an appellate trial, that the crime of breach of trust and the latter part of Article 37 of the Criminal Act, which became final in the case of the crime of breach of trust and the latter part of Article 37 of the Criminal Act, and that the amount of fraud is not a relatively large amount in the case of

In addition, considering the circumstances of the crime of this case, the circumstances after the crime of this case, various sentencing data shown in the arguments, such as the age, character and conduct, environment, etc. of the defendant, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee [limited to the crime of No. 2 of the original judgment, and the area of mitigation of types 1 of general fraud (less than KRW 100 million): Imprisonment with prison labor for not more than one year: the punishment for the crime of No. 1 of the original judgment and the punishment for the crime of No. 2 of the original judgment

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (Fraud and choice of imprisonment);

1. The judgment on the crime of breach of trust, which became final and conclusive in the latter part of Article 37 and Article 39(1) of the Criminal Act.