The judgment of the court below is reversed.

The defendant is each of the crimes described in paragraphs (1), (3) and (4) of the facts constituting the crime in the judgment below.

1. Summary of grounds for appeal;

A. Defendant (person who is guilty of facts or misapprehension of legal principles, and unreasonable sentencing) cannot be deemed to have established embezzlement on the grounds that the Defendant did not have the intent to obtain unlawful acquisition. (2) It is unfair that the Defendant’s imprisonment with prison labor for each of the crimes listed in paragraphs (1), (3) and (2) and (3) of the above Article 3-months, 2-B and 3-D(the penalty of KRW 920,000,000,000) declared by the lower court is too unreasonable.

B. The above sentence imposed by the court below is too uneasible and unfair.

2. Ex officio determination

A. In light of the language, legislative intent, etc. of the relevant legal doctrine and the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, a sentence shall be imposed at the same time in consideration of equity and equity, or the punishment shall not be mitigated or remitted.

(see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). (B)

(1) According to the evidence duly adopted and examined by the lower court, the lower court’s judgment was rendered on January 12, 2017 (hereinafter “final judgment”) that the Defendant was sentenced to a two-year suspended sentence of imprisonment for the crime of embezzlement at the Seoul Central District Court (2016Da3283) on January 12, 2017 and the said judgment became final and conclusive on January 20, 2017 (hereinafter “final judgment”).

(2) On July 11, 2017, the Seoul East Eastern District Court (No. 2017dan222, 2017No1068) sentenced a two-year suspended sentence to six months of imprisonment for a violation of the National Sports Promotion Act (Gambling, etc.) at the Seoul East East District Court (No. 2017dan22, 2017No1068) and the said judgment became final and conclusive on October 27, 2017

(3) On September 21, 2017, the Seoul Central District Court (2017dan3141 (Separation), 3447 (Consolidated)) sentenced to the suspended sentence for eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint confinement) at the Seoul Central District Court (2017dan31 (Separation), 397 (Consolidated) and sentenced to two years of suspended sentence on June 28, 2018 (hereinafter referred to as “third final and conclusive judgment”).

(2).