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The judgment of the court below is reversed.
Of the crimes No. 1 and the crimes No. 2 in the judgment of the court below, Defendant 2 shall be attached to the judgment of the court below.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (an imprisonment with prison labor for 6 months and 2 months for each of the remaining crimes in the holding of the lower judgment among the crimes No. 1 in the judgment of the lower court and the crimes No. 2 in the judgment of the lower court as to the crimes No. 864 in the judgment of the lower court) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
A. According to the evidence duly adopted and examined by the lower court, the date and time of deceiving the victim M in connection with the crime No. 1 of the judgment of the lower court as indicated in the judgment No. 1382, which is not “Around April 13, 2015,” but “Around April 13, 2014,” and the date and time when the Defendant received KRW 600,000 from the said victim to the account under the name of the Defendant as the purchase price,” rather than “from April 13, 2015 to October 7, 2015,” can be acknowledged as follows:
Meanwhile, according to the records, at the port branch of the Daegu District Court on May 28, 2015, the defendant was sentenced to a suspended sentence of one year for fraud on April 5, 2015, and the judgment became final and conclusive on June 5, 2015. Of the judgment below, the crime of fraud for which the judgment became final and conclusive is in a concurrent relationship with the latter part of Article 37 of the Criminal Act in accordance with Article 39(1) of the Criminal Act and the crime of fraud for which judgment became final and conclusive on June 1, 2015 should be sentenced separately for the crime of subparagraph 1 of the judgment of the court below in consideration of equity and cases where the judgment is to be held simultaneously in accordance with Article 39(1) of the Criminal Act. (See Supreme Court Decision 2008Do209, Oct. 23, 2008; Supreme Court Decision 2015Da8644, Nov. 1, 2015; Supreme Court Decision 2001 through 37Da37.
B. Nevertheless, the lower court rendered the lower judgment among the crimes of No. 1 of the 2015 Highest 1382, the lower court’s judgment, among the crimes of No. 2 of the 2015 Highest 864.