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

However, the period of two years from the date this judgment becomes final and conclusive.

2. The crime of this case is determined based on the following facts: (a) considering that the crime of this case is committed by multiple persons, who conspired with a fund for public funds to stabilize the residence of homeless workers, and the nature of the crime is inferior; (b) the defendant is participating in the systematic fraud crime as a lessee; and (c) the amount of defraudation also exceeds KRW 83 million, the defendant has an opportunity to reflect it through the nearest confinement life for six months; (b) profits actually acquired through the crime of this case appears to be less than the above fraud (as to his own assertion, KRW 5 million); (c) the defendant himself was punished on March 29, 2016, KRW 10 million prior to prosecution; (d) the punishment of the crime of this case was conducted on June 17, 2016, KRW 700,000,000,000,000,0000,000 won, and KRW 830,500,000,000,000 won,00 per case.

3. As such, the defendant's appeal is with merit, 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 after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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