The second original judgment shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than one year and six months for a crime committed in the judgment of the second instance.

except that this shall not apply.

1. In light of the summary of the grounds for appeal of this case, the punishment of each court below (the first instance court: imprisonment with prison labor for 6 months, suspended execution for 2 years, the second instance court: imprisonment with prison labor for 1 year and 6 months, suspended execution for 3 years, probation, etc.) against the accused is too unreasonable.

2. Determination

A. We examine the appeal against the judgment of the court of first instance; the defendant recognized the fraud of this case as well as reflects his mistake; the victim E paid the amount obtained by deceit before the judgment of the court of first instance was rendered; each crime on which all the criminal facts stated in the judgment of the court of first instance became final and the fact that it is necessary to consider equity and the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act is favorable to the defendant.

However, the crime of fraud in this case is deemed to have a right to enter into a lease contract by means of active deception, such as suggesting a sales contract, etc. whose effect is lost by the defendant to the above victim, and the crime is bad, and the crime is committed by deceiving the above victim of the lease deposit amount of KRW 15 million, and the crime is not committed by taking measures to recover any damage for about 5 years even though the above victim acquired the lease deposit which can be deemed the property before and after the above victim, and other various sentencing conditions in the records and arguments, such as the defendant's age, happy family environment, conditions before and after the crime, etc., are considered as being taken into account. The first sentence against the defendant is too unreasonable.

B. We examine the appeal against the judgment of the court of appeal on the second instance. ① The act of causing bodily injury with a deadly weapon in this case was committed by the defendant and the fire extinguishing machine, and thereby causing injury, such as damage to the character of the head, in light of the risk of the crime, etc., and ② The defendant appealed against the first instance court and was tried at the appellate court.