The part of the judgment of the court below, excluding the application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for two years.

1. The punishment (the first judgment: imprisonment with prison labor for 2 years and the second judgment: imprisonment with prison labor for 2 months) declared by the original judgment is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of first instance, and the case of this court 2013No2821, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes of the court below 1 and 2 against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the term of punishment for aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard, all of the judgment of the court of first instance

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with punishment determined in the crime of fraud against victim X with the largest offense)

1. The crime of fraud and embezzlement is committed against many victims of the reasons for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of Orders for Compensation and Sentence of Provisional Execution.