A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

2. Ex officio determination of ex officio, we examine the relationship between the victims of each crime of fraud in the instant case.

In the case of fraud by deception against several victims by each victim respectively, if the intent of the crime is single and even if the method of crime is the same, if there are circumstances where the victims can be deemed the same legal interests due to the formation of a single business entity, it shall not be deemed that a single crime is established, but only one crime is established for each victim.

(See Supreme Court Decision 97Do508 Decided June 27, 1997, and Supreme Court Decision 201Do769 Decided April 14, 201, etc.). According to the evidence duly admitted and examined by the lower court, the Defendant, at the C office on May 23, 2007, made a false statement with the same content as the facts charged, and received KRW 30 million from E, and KRW 50 million from F on June 4, 2007, even if it is recognized that the Defendant received the same content as the facts charged, it does not seem that the said victims’ benefit and interest is identical.

Therefore, each crime of fraud against the above victims is established for each victim, and each crime of fraud is in the relation of substantive concurrent crimes.

Nevertheless, the court below erred by misapprehending the legal principles on the number of crimes and thereby adversely affecting the conclusion of the judgment.

Therefore, the judgment of the court below cannot be maintained as it is.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above.