The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The grounds of appeal are examined to the extent of supplement in case of supplemental appellate briefs not timely filed on August 22, 2018.

A. Fact-misunderstanding and misapprehension of the legal principles [the part concerning the crime committed by mistake and misapprehension of the law on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the violation of the Act on the Aggravated Punishment, etc. of the Specific Economic Crimes (Fraud), the fraud against the victim F, the fraud against the victim D, the fraud against the victim P, the fraud against the victim P, the fraud against the victim P, the fraud against the victim Q, the fraud against the victim Q, the fraud against the victim Q, the 2017 Gohap 78 Gohap, the fraud against the victim P, and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud for the victim T, hereinafter referred to as "D"), and the defendant supplied D (hereinafter referred to as "L"), the corporation (hereinafter referred to as "D"), and the corporation (hereinafter referred to as "T"), the defendant had the capacity to receive the imported wood and steel products from the victim F, D, and the defendant paid the goods or the transport fees to the defendant at the time of borrowing or the goods.

shall not be appointed by a person.

Nevertheless, the court below had the intent to commit the crime of defraudation by the defendant.

Considering that victim D and T were guilty of each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and each fraud about victim F, D, L, N, Q, and R. The judgment below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The two years and six months of imprisonment sentenced by the lower court to the Defendant is too unreasonable.

2. Determination

A. According to the records of ex officio determination, the Defendant was sentenced to imprisonment for four months from the Daegu District Court Port Branch (2018 High Court Decision 649) to August 30, 2018 for fraud, and the above judgment is recognized as having become final and conclusive on September 7, 2018.

In addition, each of the facts stated in the judgment of the court below.