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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than four years and six months.
Reasons
1. The sentencing of the original judgment (No. 1: 3 years of imprisonment, and 2 years and 6 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Before deciding on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against each judgment of the court below, and the appellate court decided to hold concurrent hearings of the above two appeals cases. Each of the crimes of the first and second Supreme Court Decision 1 and second Supreme Court Decision 38 (1) of the Criminal Act is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus one sentence should be imposed pursuant to Article 38 (1) of the Criminal Act, so the judgment of the court below no longer maintained.
3. If so, the judgment of the court below is reversed ex officio as seen earlier, and without examining the defendant's unfair argument of sentencing, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
[Grounds for a new judgment] In addition to the correction of "743,792,700 won" as "736,931,750 won" of the fourth multiples of the criminal facts column of 4792 high group of 2015 high group of 4792 high group of "73,931,750 won", the summary of the criminal facts and the evidence is identical to each corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 356, 355(1) (the point of occupational embezzlement), 347 of the Criminal Act, Article 231 of the Criminal Act (the point of fraud), Articles 234 and 231 of the Criminal Act (the point of uttering of the aforementioned investigative document) of the same Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;