A defendant shall be punished by imprisonment for not less than one year and six months.

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

A. Defendant 1) Since misunderstanding of facts and misunderstanding of legal principles, N,O, and P have invested in the company as employee of the company operated by the Defendant with knowledge of the company situation, fraud cannot be established.

2) The sentencing of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

According to the records, the defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court on September 28, 2017 and two years of suspended execution, and the judgment became final and conclusive on January 23, 2018.

The instant crime committed prior to the final judgment and the final judgment are in a concurrent relationship between the latter part of Article 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act, and the sentence shall be imposed in consideration of equity and the same.

In this respect, the judgment of the court below cannot be maintained as it is.

3. Despite the grounds for ex officio reversal of the Defendant’s factual mistake and misapprehension of the legal doctrine, the Defendant’s misunderstanding of facts and misapprehension of the legal doctrine still are subject to the judgment of this court, and this is examined.

The defendant argued to the same effect as the court below, and the court below rejected the argument in detail.

In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified.

We cannot accept the Defendant’s factual mistake and misapprehension of legal principles.

4. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the following judgment is rendered through pleadings, without examining the error of sentencing by the defendant and the prosecutor, on the grounds that the judgment of the court below is reversed ex officio.

【Grounds for the judgment to be used again] Criminal facts and summary of evidence recognized by this court are criminal facts and summary of evidence, and criminal facts in the Daejeon District Court on September 28, 2017 are criminal facts on the third following the judgment of the court below.