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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. The summary of the grounds for appeal alleged in the lower court that the Defendant denies the criminal intent of defraudation in the lower court, but the charge is being cited in the trial.
Although there was no goods to be supplied from the beginning, the defendant tried to sell the goods to the victim instead of deceiving the victim, and as a result, the defendant failed to implement the terms of the agreement due to the mistake.
The defendant is planning to recover damage through deposit procedures, if he/she agrees or does not agree with the victim of the crime of fraud.
As to the crime of embezzlement, the defendant has taken the charge of the crime since the investigation, and has his depth repented and reflected in it.
The victim Hyundai Capital Co., Ltd. in the crime of embezzlement has already recovered cars at the time of investigation, and the defendant is expected to pay lease expenses to Hyundai Capital Co., Ltd. until May 2016, and will agree with Hyundai Capital Co., Ltd. and S.
The defendant's criminal records are one time, and most of them are criminal records of fine.
In the process of life, it is seriously reflected in volunteer activities, such as focusing on volunteer activities.
In full view of these circumstances, the sentence imposed by the court below (8 months of imprisonment, 6 months of imprisonment) is too unreasonable.
2. The judgment of the court below was rendered ex officio, and the defendant filed each appeal against the defendant, and this court decided to hold a joint hearing of each appeal case.
The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's unfair argument of sentencing.