The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The appeal by the defendant against the judgment of the court below of the second instance.

1. The punishment sentenced by the court below (No. 1 year, and No. 2 year, and imprisonment of the court below) on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. According to the instant crime and the evidence duly adopted and examined by the lower court prior to and after the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the Defendant, at the Daegu High Court on July 17, 2014, was sentenced to a suspended sentence of three years in one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on July 25, 2

Therefore, the judgment of the first instance court, which became final and conclusive on July 25, 2014, between the crime of the lower court’s judgment and the crime of the second instance judgment against the Defendant, exists, and each of the above crimes does not constitute a case where one sentence can be sentenced pursuant to concurrent crimes under the former part of Article 37 of the Criminal Act.

Accordingly, the following is to judge the reasons for each appeal by crime.

B. On the judgment of the court of first instance, the defendant's leading and leading involvement in each of the crimes of this case, and the liability for such crimes is not against the law.

However, in full view of the fact that the defendant has led to the trial for the first time, and is divided, the withdrawal of the complaint and the agreement from the victims were submitted, and most of the victims' damages were recovered, the principle of equity with the case where the judgment of the court of first instance becomes final and conclusive at the same time as the case where the judgment of the court of first instance has become final and conclusive, and other conditions of sentencing as indicated in the argument of this case, the punishment of the court below is somewhat unreasonable.

Therefore, the defendant's above assertion against the judgment of the court of first instance is with merit.

C. As to the judgment of the court below of the second instance, the defendant led to the confession of the crime of this case and is divided, the victim is given KRW 35 million to the victim at the investigation stage and the victim does not want the punishment of the defendant, and the judgment of the court of the second instance becomes final and conclusive simultaneously with the crime.