All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below to the defendant (the first judgment of the court below: imprisonment with prison labor for 10 months and 2 months: imprisonment with prison labor for 8 months) is too unreasonable.

B. The prosecutor (with regard to the second judgment of the court below), the sentence imposed by the court below on the defendant is too unfasible and unfair.

2. Prior to the judgment on the grounds for ex officio appeal, the appeal case against the first judgment and the appeal case against the second judgment was examined concurrently. Each of the offenses in the judgment of the court below in relation to concurrent crimes as set forth in the former part of Article 37 of the Criminal Act are concurrent crimes as set forth in the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment, so in this regard, the judgment of the court below against the defendant cannot be reversed.

3. If so, the judgment of the court of first and second trials on the grounds of ex officio reversal as seen earlier is reversed under Article 364(2) of the Criminal Procedure Act without examining all of the judgment of the defendant and the prosecutor on the assertion of unfair sentencing. The judgment of the court below is reversed, and the following is

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the entries in the corresponding column of the first and second original judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

2. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the defendant committed the crime of this case with an intention to kill the company that was in the crisis of insolvency due to the management difficulties while he operated a ship's parts processing company, there are circumstances that can be taken into account such circumstances, the defendant recognized the crime and divided the defendant's mistake in depth, and the embezzlement was made in the trial.