The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentencing of the lower court (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant on the grounds of appeal that there is no previous conviction exceeding a fine, and all of the crimes of this case are concurrent crimes between the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the latter part of Article 37 of the Criminal Act, which became final and conclusive on April 30, 2009, taking into account the equality, etc. with the case where the judgment was received at the same time, the total sum of the amount acquired through each of the crimes of this case ( = 996,515,150 won) paid approximately KRW 60 million out of the total sum of the amount acquired through each of the crimes of this case ( = 904,95,150 won, KRW 91,520,000), and other sentencing conditions shown in the arguments of this case, such as the defendant's age, background and method of the crime, means and method of the crime, and circumstances after the crime, and thus the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The main points of the judgment of the court below are as follows.

Application of Statutes

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012); Article 347(1) of the Criminal Act [Article 347(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10; hereinafter referred to as “the Aggravated Punishment, etc. of Specific Economic Crimes”); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 347(1) and

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment of concurrent crimes provided for in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with heavy penalty];

1. Discretionary mitigation Criminal Act;