A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

The sentence of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

The crime of this case is not likely to be a crime that the defendant defrauds the victim C with 37 million won (2013da5418), and in the course of being tried in the above case, the crime of this case is not likely to be committed by the J to have the above evidence (2014da4322).

However, in full view of the following factors: (a) fraud for which a judgment has become final and conclusive at the time of the original adjudication and the equity between the cases where each of the crimes of this case is to be adjudicated simultaneously; (b) the Defendant’s reflects the Defendant’s living in custody for about two months; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the crime including the Defendant’s age, including the agreement with the victim C at the time of the trial; and

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 347 (1) of the Criminal Act (Fraud) concerning the facts constituting the crime, Articles 152 (1) and 31 (1) of the Criminal Act (the point of perjury) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;