The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. Defendant 1) In the list of crimes attached to the judgment of the court below, the total sum of KRW 684,380,000 per annum 10 through 15 shall be invested by the injured party in connection with the development of the land located in Sungnam-si, Sungnam-si, and the total of KRW 100,000 per annum and KRW 125,00,000 per annum out of the total of KRW 16,20,000 per annum and the total of KRW 125,00,000 per annum out of the total of KRW 2,20,000 per annum and KRW 125,00,000,000 from the total of KRW 2,20,000 per annum, and the remainder, excluding the above amount borrowed, shall be a donation

B) At the time of receiving the above-mentioned investment or loan from the injured party, the Defendant had the intent and ability to repay and had no intention to commit the crime of defraudation.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles constitutes a single comprehensive crime, and even if the Defendant recognized a single violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the lower court erred by misapprehending the legal principles on the number of crimes, thereby determining that Article 1 of the Criminal Act among the facts constituting a crime in the lower judgment was a substantive concurrent crime of fraud under each Criminal Act.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. According to the reasoning for an ex officio appeal, prior to the judgment on the grounds for an ex officio appeal, the Defendant was sentenced to a two-year suspended sentence on June 14, 2012 by imprisonment with prison labor for a crime of free dismissal from the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of the Defendant on June 14, 2012, and the judgment became final and conclusive on December 13, 2012. However, each of the above crimes and the above crimes in which judgment was final and conclusive on December 13, 2012 are concurrent crimes under Article 37 of the Criminal Act, and shall be sentenced to punishment for each crime in consideration of equity with the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. However, the judgment of the court below omitted, and thus, the judgment of the court below cannot be maintained.