The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Summary of Grounds for Appeal

The crime of this case by misapprehending the legal principles is committed on or before July 21, 2017, which is the final date of the judgment sentenced to one year and six months of imprisonment for fraud in the Seoul Northern District Court and three years of suspended execution (2016Sang1765).

Each of the above crimes is in the relation of fraud of the above final judgment and concurrent crimes under the latter part of Article 37 of the Criminal Act.

There is an error of misunderstanding the legal principles as to concurrent crimes under the latter part of Article 37 of the Criminal Act.

The sentence of unfair sentencing (eight years of imprisonment) by the lower court is too unreasonable.

Judgment

The crime of fraud in the Seoul Northern District Court Decision 2016Ma1765 decided July 21, 2017 (hereinafter “instant preceding crime”) was committed on March 5, 2012 and March 19, 2012, respectively.

Each of the preceding crimes of this case is in a relationship between the final and conclusive judgment of November 30, 2012 (final and conclusive judgment of April 19, 2013) and the final and conclusive judgment of October 1, 2013 (final and conclusive judgment of October 9, 2013) of the same court which sentenced one year and six months to the defendant, and the latter part of Article 37 of the Criminal Act.

Therefore, since each of the preceding crimes of this case constitutes cases where judgment cannot be pronounced simultaneously with each of the crimes of this case, each of the above crimes cannot be deemed to be in a relationship with the latter part of Article 37 of the Criminal Act.

The Defendant also asserted the same in the lower court.

The lower court rejected the Defendant’s assertion in Articles 12 through 13 of the lower judgment on the following grounds.

In light of the relevant legal principles and records, the above judgment of the court below is sufficiently acceptable.

The judgment of the court below is not erroneous in the misapprehension of legal principles as alleged by the defendant.

The total amount of damage caused by each of the instant crimes reaches KRW 2 billion.

Many victims are victims.

Most of the victims have not been recovered.

The victims wanted to be punished by the defendant in the court below.

There are many criminal records of criminal acts similar to the defendant, and they are the same crimes.