The part of the judgment of the court of first instance and the judgment of the court of second instance excluding the compensation order shall be reversed.

Defendant shall be punished by imprisonment.

1. Each punishment (one year of imprisonment with prison labor and five months of imprisonment with prison labor) that the judgment of the court below pronounced in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above appeal together with other appeals cases.

However, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is no longer maintained

3. The judgment of the court below on the above grounds of ex officio reversal. Thus, without examining the defendant's assertion of unfair sentencing, all of the judgment of the court below No. 1 and the judgment of the court below No. 2 pursuant to Article 364 (2) of the Criminal Procedure Act, except for compensation order, shall be reversed

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 231 and 234 of the Criminal Act, Articles 48 subparag. 1 and 9(1) of the Licensed Real Estate Agents Act, Articles 356 and 355(1) of the Criminal Act, each of the choice of punishment for the crime, the choice of punishment for imprisonment;

1. Of the concurrent offenders, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed with respect to the following persons: (a) taking advantage of the fiduciary relationship with the lessor, by defrauding the lease deposit against the university students or the senior citizens of society who have less social experience; (b) embezzled the money managed for the lessor; and (c) money from the person who was tried for the above crime.