The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The determination of the Defendant’s crime of fraud that embezzled the visibility equivalent to KRW 12 million during the period of repeated crime, and the nature of such crime is not somewhat weak.

However, with respect to the criminal act of defraudation of KRW 18.7 million by the Defendant, on June 16, 201, the judgment became final and conclusive on the 20th of the same month after being sentenced to imprisonment on June 16, 201, and on October 12, 2012 with respect to the criminal act of defraudation of approximately KRW 149.9 million, the judgment became final and conclusive on December 29 of the same year. The crime of this case is in the relationship of fraud for which the judgment became final and conclusive on June 20, 2011 and ex post facto concurrent crimes, and it is necessary to consider equality with the case where the judgment was rendered simultaneously (in particular, the crime of this case was committed on January 21, 2012 after the accusation was received and the investigation was completed on March 16, 2012, and on December 12, 2012, it seems that the judgment of the lower court should have become final and conclusive on the records.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Articles 37 and 39(1) of the Criminal Act (the crime of embezzlement at the time of the sale and the crime of fraud in which judgment was concluded on June 20, 201)