All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. The sentence (No. 1: imprisonment with prison labor for 3 years and 6 months) of the judgment of the court below against the defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The first and second court decided that the defendant was sentenced to imprisonment with prison labor for the former three years and six months for the latter, respectively, after completing a separate hearing by the Busan District Court 2016 High Court 3021 High Court 201 and the High Court 2016 High Court 8597.

The defendant appealed each of the above rulings, and this Court decided to review the above two appeals cases together.

The first and second trials against the accused shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

In this respect, the judgment of the court below cannot be exempted from all reversal.

3. The court below's conclusion is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence acknowledged by this court is the summary of the facts constituting an offense and evidence, and the summary of the facts charged and evidence admitted by this court are as follows: (a) the 6th page 4 of the judgment of the court of first instance, the 13th page 2 of the judgment of the court of second instance, the 13th page 2 of the judgment of the court of second instance, as the BJ, and the 3th page 1 of the judgment of the court of second instance as the 3th page as the 3th page as the 3th "victim Purak farming cooperative corporation" respectively, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 231 and 30 of the Criminal Act in relation to the facts constituting an offense (the point of Article 231 of the same Act), Articles 234, 231, and 30 of the Criminal Act (the point of exercising the above investigation documents) of the same Act, and Article 228(1) of the same Act.