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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than four years and six months.
Reasons
1. Summary of the reasons for appeal - The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the facts charged in this case concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall be deemed to be committed
A. In the case of deceiving the other party through the exercise of a single crime and deceiving the money by the same method for a certain period from the same person who is suffering from mistake, it is possible to comprehensively observe it and treat it as a single crime. However, in the case where the identity and continuity of a criminal is not recognized or the method of committing a crime is not the same, each crime shall be deemed as a substantive concurrent crime (see Supreme Court Decision 2004Do1751, Jun. 25, 2004). Further, the amount of profit under Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes means the sum of the amount of profit in a simple crime or the amount of profit in a case where a single comprehensive crime is established, and it shall not be deemed that the sum of the amount of profit in a crime that can be punished as concurrent crimes is the sum of the amount of profit in a crime (see Supreme Court Decision 89Do582, Jun. 13, 198).
1) In the crime described in (1) Nos. 1 through 3 of the List of Offenses Attached to the lower judgment, the Defendant deceptioned the victim D to the effect that, on March 2014, the Defendant “I will leave high profits if I make an investment in the KBS advertising through F because I know it well,” and acquired KRW 18,60,000 through three times.
2) In the crime described in (1) Nos. 4 through 42 of the List of Offenses Attached to the lower judgment, the Defendant receives 1 billion won more than the price of the purchase of trading hole from the victim D around March 2014.