The judgment below

The part of the provisional offense No. 2 of the judgment is reversed, and the compensation order is revoked.

Defendant shall be punished by imprisonment.

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year and six months of imprisonment) of the Defendant (as to the 2-B crime of this case’s holding in the original judgment) is too unreasonable.

B. Each sentencing of the lower court (a crime of provisional punishment of No. 2 in the judgment of the lower court: imprisonment with prison labor for 4 months, 2 years of suspended execution, and 2-b in the judgment of the lower court: imprisonment with prison labor for 1 year and 6 months) is deemed too un

2. Ex officio determination (as to the second provisional offense in the market), prior to the prosecutor’s judgment on the grounds for appeal, this shall be examined ex officio.

According to the records, the Defendant, at the Seoul Central District Court on September 16, 2010, sentenced two years of suspension of the execution to six months of imprisonment for fraud and became final and conclusive on September 24, 2010. As such, the above crime and the crime in this part of this case for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and determined a punishment after considering the equity among the cases where judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. Thus, the lower court which did not take such measures becomes unable to be maintained any longer.

3. Although the amount of judgment on the assertion of the crime No. 2-B as stated in the judgment below by the defendant and the prosecutor is not so big that considerable damage has not been recovered, it is not agreed with the victim D, the victim D continues to be punished by the defendant in the trial, and the defendant committed the crime of this part even though he was under the suspension of execution due to the same crime, there are circumstances unfavorable to the defendant. However, there are extenuating circumstances such as the defendant's violation of the defendant's mistake, the fact that the victim D is distributed a sum of 44.8 million won in the auction of R's real estate, and some damage is expected to have been recovered. In full view of other various circumstances, such as the defendant's age, character and conduct, environment, the process and motive of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing conditions specified in the arguments and the records of this case.