The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

1. The respective punishment (one year and two months of imprisonment, and eight months of imprisonment) 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 Thus, the judgment of the court below is no longer maintained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, and without examining the defendant's assertion of unfair sentencing, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order pursuant to Article 364 (2) of the Criminal Procedure Act are reversed and the judgment below

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, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 25 (1) 1, and Articles 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. The crime of this case on the grounds of sentencing under Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Declaration of Provisional Execution (hereinafter “Special Cases Concerning the Promotion, etc.”) is an unfavorable circumstance, such as the fact that the defendant was supplied with agricultural products, agricultural chemicals, fertilizers, etc. from victims and acquired them by fraud, and the total amount of damages exceeds KRW 1.60,000,000,000, and that most of the damages are not recovered