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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts (as to the judgment of the court of first instance) 1: The defendant borrowed money to T through Z to mean that "if he lends money to China because he is urgently needed to have a baby studying in China, he will be engaged in driving work after having come to China," and the defendant did not go to the use of 7 million won for the money as the advance payment for the construction of the subway digging-out work. 2) The fact of fraud and embezzlement against U.S.: The money that the defendant was employed as a driver of U, and acquired by deceiving the purpose while working as a driver of U, and that he did not dispose of it at his own discretion.
B. Each sentence imposed by the court below on the defendant (No. 1: imprisonment of 6 months and 2 months: imprisonment of 4 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the case No. 2012No4243 of this Court, which is the appeal case against the judgment of the court of appeal against the judgment of the court of appeal against the judgment of the court of appeal against the judgment of the court of appeal of the court of appeal No. 2013No1056 of this Court, was consolidated in the proceedings of the trial of the court of appeal. Each of the crimes of the judgment of the court of appeal No. 1 and 2, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should be sentenced to a single sentence within the scope of punishment subject to aggravated punishment pursuant to Article 3
However, there are reasons for ex officio reversal in the judgment below.
Even if the defendant's assertion of mistake is still subject to the judgment of this court, it is examined.
3. Judgment on the defendant's assertion of mistake of facts
A. According to the evidence duly admitted and examined by the lower court and the first instance court, the Defendant himself/herself at the site of the Suwon subway Corporation through the Z, which is a driver of TW, who is a driver of TW.