The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

The gist of the defendant's appeal is that the defendant's punishment (one year and ten months of imprisonment) declared by the court below is too unfair, so he did not have the same criminal record, and he agreed with the victim C Co., Ltd., W, T, and X in return for the payment of the amount of damage in the trial, and he did not commit the same crime again.

In light of the fact that one's mistake is in profoundly against one's own mistake and other circumstances that are conditions for sentencing as shown in this case, the above argument is justified, since the sentence imposed by the court below against the defendant is deemed unfair because it is unreasonable.

Therefore, pursuant to Article 364 (6) of the Criminal Procedure Act, the remainder of the judgment below excluding the rejection of an application for compensation order among the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The phrase “17.1. 22.” in the column for the money obtained by deception 2 in the column of the attached list of crimes attached to the judgment of the court below and the summary of evidence shall be deemed as “1. 22. ”, and the phrase “17.1. 23. 23” in the column of the amount obtained by defraud 3 times a year shall be deemed as “1. 23. 1. 23. ,” and the same shall apply to the corresponding column of the judgment of the court below, and shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

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;