The judgment below

Part concerning the second offense in the judgment shall be reversed.

One year of imprisonment with prison labor for the crime No. 2 of the judgment of the defendant.

1. Summary of grounds for appeal;

A. Error of facts (1) The Defendant and D have attempted to invest KRW 100 million out of the loans in the Defendant’s land development in the name of the Defendant when D, who is a bad credit holder, obtained a loan from a financial institution, and D has promised to invest in the Defendant’s land development. Accordingly, according to such commitment, D has paid KRW 60,000 out of the loans to the Defendant as an investment fund, and it is not the Defendant’s deception by deceiving D to borrow the said money under the pretext of the loan.

(2) The charge of fraud and breach of trust against J (the crime of fraud and breach of trust No. 2) is that the Defendant entered into a sales contract with J as to the Defendant’s land E and received four vehicles as down payment, and the Defendant did not deceiving the J as to the conclusion of the above contract.

In addition, as a contract was reversed due to the failure of J to perform the obligation to pay the remainder, the four vehicles were reverted to the Defendant pursuant to the provision on the waiver of down payment, and the J made a false assertion that the vehicle rental contract was concluded and claimed rental expenses, and the Defendant merely formally set up a collateral security to a third party on the above land in order to prevent unfair enforcement. Thus, the act of breach of trust is not established.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with prison labor for the crimes Nos. 1 and 3 on the market) is too unreasonable.

2. Determination

(a) Crimes for which judgment of ex officio or higher punishment has become final and the crimes committed before such judgment has become final and conclusive shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes provided for in Article 39(1) of the Criminal Act and a crime for which judgment has not become final and conclusive are concurrently adjudicated

On the other hand, in light of the language and purpose of legislation of the latter part of Article 37 and Article 39(1) of the Criminal Act, crimes against which judgment has not yet been rendered have become final and conclusive.