The judgment below

Of them, the part on Defendant E shall be reversed.

Defendant

E shall be punished by imprisonment with prison labor for one year.

except that this judgment.

1. Summary of grounds for appeal;

A. Defendant C1) misunderstanding of facts and misunderstanding of legal principles that the Defendant would have paid money as consolation money to a person who had been going to sell in the instant H store, and did not know that the said money was paid to G employees in return for the solicitation of sale occupants. Therefore, the Defendant did not have any criminal intent of giving property in breach of trust. (ii) The sentence imposed by the lower court of unfair sentencing (six months of imprisonment, two years of suspended execution, two years of social service, and eight hours of imprisonment) is too unreasonable.

B. Defendant E’s imprisonment (one year of imprisonment, additional collection) sentenced by the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal by Defendant E prior to the judgment on the grounds for appeal by Defendant E.

According to the records, the Defendant was sentenced to three years and six months of imprisonment for fraud, etc. at the Busan District Court on June 14, 2019; the above judgment became final and conclusive on August 20, 2019; and the prosecutor applied for changes in indictment to the above purport and permitted this court. The Defendant’s crime of this case is in a concurrent relationship between fraud, etc. for which judgment becomes final and conclusive under Article 37(1) of the Criminal Act, with regard to the latter part of Article 39(1) of the Criminal Act, with regard to concurrent crimes under the latter part of Article 37 of the Criminal Act, and determines punishment after examining whether to reduce or exempt punishment. Therefore, the lower court’

3. Determination on the grounds for appeal by Defendant C

A. The defendant and defense counsel asserted the same argument as the reasons for appeal in this part of the judgment of the court below, and the court below rejected the argument and judgment of the defendant and defense counsel in detail under the summary of the evidence of the court below. In light of the evidence duly adopted and investigated in the court below, the above fact-finding and judgment of the court below are justified.

Defendant.