All judgment of the court below shall be reversed.

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

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year of imprisonment and two years of imprisonment) is too unreasonable. However, prior to the determination of the grounds for appeal above, the defendant filed each appeal against the judgment below and the pleadings were combined in the trial proceedings in the first instance court. Each of the crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and all of the crimes in the judgment of the court below are concurrent crimes under the former part of Article 38(1) of the Criminal Act, and a single sentence should be imposed. In this regard, the judgment of the court below that sentenced a separate punishment cannot be maintained.

Therefore, all the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and it is again decided after the pleading as follows.

Criminal facts

In addition to the order of 2018 High Order 2018 High Order 1077 High Order 1077 High Order 14 "construction price" as "sale price", the respective corresponding columns of the judgment of the court below are the same as that of the judgment of the court below, and thus, the same shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the fraud of the choice of punishment against the crime: The occupation of embezzlement under Article 347 (1) of the Criminal Act (opportune of imprisonment with labor): Article 355 (1) of the Criminal Act (opportune of imprisonment with labor);

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is an amount of damage caused by each of the instant fraud crimes, but the Defendant did not make adequate efforts to recover damage to the victims. Thus, the Defendant has to be sentenced to punishment corresponding to the nature of the crime and the circumstances.

However, in consideration of the various circumstances, such as the fact that the defendant has no previous conviction in the same kind and is closely reflecting his or her mistake, the sentence of the same punishment as the disposition is imposed.