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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable;
2. In light of the fact that the amount of deception obtained by deception exceeds KRW 110 million and the amount of deception has not been recovered from damage, a sentence of sentence against the accused is inevitable.
However, the court below's punishment is too unreasonable in light of all the conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances leading to the crime in this case, etc., and circumstances after the crime, etc.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, with the exception of changing the date and time of the crime No. 1 in the list of crimes in the crime column of the court below from " around August 9, 2010" to " around August 10, 2010" to " around August 10, 2010," and "total KRW 115,000,000,000" to "total KRW 11,13,320,000,000,000,000 won" from " around August 9, 2010," as stated in each corresponding column of the court below in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;