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

2. In the judgment of the court below, the defendant reached an agreement with the victim, and it seems that the role of S was not significant in the defendant's fraud crime against the victim, etc., and each crime in the judgment of the court below is in the concurrent criminal relationship with the crime of embezzlement finalized on April 27, 2016 under Article 37 of the Criminal Act, and the crime of embezzlement established on April 27, 2016 under Article 37 of the Criminal Act. Therefore, the judgment of the court below is necessary to determine the punishment in consideration of the case of the above embezzlement and equality, and the judgment of the court below also seems to have determined the punishment in consideration of these circumstances. However, in light of the above embezzlement and the other crime of embezzlement (the embezzlement amount to KRW 240,00,000,000 and KRW 215,700,000) after Article 37 of the Criminal Act, it seems that the punishment of the crime of this case is somewhat unreasonable.

In full view of the following facts: (a) the Defendant’s mistake is deeply divided even if late; and (b) the various sentencing conditions in the instant case’s records and arguments, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime; and (c) the sentence against the Defendant seems to be unreasonable to maintain it as it is because it is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement) and Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. Article 37 of the Criminal Act: Provided, That Article 39(1) of the Criminal Act shall apply to concurrent crimes (each of the crimes as indicated in the judgment and each of the embezzlement for which judgment becomes final and conclusive on April 27, 2016):

1. Each of the crimes indicated in the reasoning of sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, shall be deemed as concurrent crimes after Article 37 of the Criminal Act.