The judgment below

The part of the crime No. 1 of the judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The summary of the grounds for appeal (for crimes No. 1 in the decision of the court below: Imprisonment with prison labor for 8 months and 2 years in the decision of the court below: imprisonment with prison labor for 10 months) that the court below made against the defendant is too unreasonable.

2. Determination

A. A. Unfavorable circumstances for the part of the first crime in the holding of the court below: the defendant was not aware of himself during the period of probation for the same kind of crime, and committed this part of the crime.

It is a little amount of damage.

The favorable circumstances shows the attitude of the defendant to recognize and reflect this part of the crime.

In the case of the defendant, the injured party does not want to be punished against the defendant by agreement with the injured party.

In light of the above unfavorable circumstances, the Defendant’s age and character environment, including favorable circumstances, relationship with the victim, motive means of crime, result of crime, general fraud scope according to the sentencing guidelines and the sentencing conditions indicated in the instant arguments and records, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines: when comprehensively considering one month to one year (special mitigation factors: non-exclusive mitigation factors) of imprisonment, this part of the lower court’s punishment is recognized as unfair because it is too unreasonable.

B. The favorable circumstances for the second crime in the holding of the court below show the attitude of the defendant to recognize and reflect this part of the crime.

This part of the crime should take into account the case where the judgment is to be rendered at the same time in the relation of concurrent crimes between the first head and the latter part of Article 37 of the Criminal Act as stated in the judgment below.

Of the total amount of damage 130,439,158 won, 39,840,000 won was recovered.

The total amount of damage was relatively large, which was not recovered, and there was no agreement.

Article 37 of the Criminal Act of all the conditions of sentencing, including the above-mentioned favorable circumstances, the defendant's age, character and character environment, relationship with the victim, motive means of crime, result of crime, circumstances after crime, etc., and the records, is a single concurrent crime, and the sentencing criteria are not applicable.

(b).