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

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine both the Defendant and prosecutor’s assertion of unreasonable sentencing.

All of the crimes of this case are recognized by the defendant, and the facts that the defendant reflects his fault are favorable to the defendant.

On the other hand, the total amount of damage in this case reaches KRW 70 million, and the fact that the damage in this case seems to have not been recovered until now is considered to be disadvantageous to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that are the conditions for sentencing as shown in the records and pleadings, the sentence imposed by the court below is deemed to be too uneasible and unfair.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is without merit, but the prosecutor's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court are as stated in each corresponding column of the judgment below, except for adding "H" to "victim F" in the second sentence of 2014Kadan945, the first sentence of the judgment of the court below 2014Kadan429, the third sentence "victim C" in the second sentence of 2014 Godan945. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Of concurrent crimes, the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes) of the Criminal Act is applicable.