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The judgment below
Part 2 of the judgment of the court below is reversed.
The defendant shall be punished by imprisonment for three months with prison labor for the second crime as stated in the judgment below.
Reasons
1. The sentence of the lower court (one year and two months of imprisonment with prison labor for the crime No. 1 in its holding, and six months of imprisonment with prison labor for the crime No. 2 in its holding) is too unreasonable.
2. Determination
A. The part of the crime No. 1 of the judgment of the court below as to the crime of this case is recognized and against the defendant itself, but the same criminal records are allowed, and the crime of this case is committed during the period of repeated crime due to the same crime, the damage to the victim is not recovered at all, and the defendant's age, sex, occupation and environment, family relationship, relationship with the victim, the means and method of the crime, and all other circumstances which are the conditions of the sentencing of this case, including the following circumstances: the defendant's punishment imposed by the court below is too excessive and unfair; therefore, the defendant's appeal of this part is without merit.
B. Part concerning the crime No. 2 of the judgment of the court below is not less than KRW 100 million, and the crime of this case is not less than KRW 100 million, and the defendant is also subject to a fine and imprisonment for the same kind of crime. However, the defendant recognized all of the crime of this case and reflects it, and the victim agreed with the victim of the crime of this case at the trial time, and the victim did not want to be punished against the defendant. The crime of this case was sentenced to two years for fraud at the Ulsan District Court on February 17, 2011, and it is necessary to determine punishment in consideration of equity between the crime of this case and the crime of this case after Article 37 of the Criminal Act and the concurrent crime of this case. In full view of various circumstances, the court below's age, sex, environment, family relationship, motive and circumstance of the crime and the circumstances after the crime, etc., it is somewhat unfair and unfair.