The guilty part of the judgment of the court of first instance and the judgment of the court of second instance are reversed, respectively.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The sentence (No. 1: Imprisonment with prison labor for 3 years, and imprisonment with prison labor for 8 months) imposed by each judgment of the court below on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the guilty verdict of the first instance judgment by the defendant and the second instance judgment by the defendant are combined with the judgment of the court of appeal by the court of first instance, and the guilty verdict of the first instance judgment by the defendant and the second instance judgment by the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court of second instance is concurrent crimes under Article 38 of the Criminal Act. Thus, the judgment of the court of first instance cannot be maintained any more.

3. The guilty part of the judgment of the court below No. 1 and the judgment of the court below No. 2 are reversed ex officio. Thus, without examining the grounds for appeal by the defendant, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed,

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

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) point of fraud: Article 347 (1) of each Criminal Act (or choice of imprisonment);

(b) The point of embezzlement: Article 355 (1) of the Criminal Act (the choice of imprisonment);

2. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which aggravated concurrent crimes.

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Punishment of fraud [Scope of Recommendation] 50 million won or more in general fraud, and the basic area (three to six years) (special sentencing factors): dolusence and aggravation factors: Where the type of a single crime is higher than that of the largest victim's profits aggregated, 1/3 of the lowest limit of punishment: Two years or six years, if the type of a single crime is higher than that of the largest victim's profits aggregated;

B. The basic area of embezzlement [the scope of recommending punishment] below KRW 100 million (from April to January 1) [the person who has no special sentencing seal]

(c) multiple crimes;