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All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment with prison labor for a crime set forth in the first instance judgment, with prison labor for a period of one and half years, and 1.0
Reasons
1. The punishment sentenced by the first instance court (crime 1 in its holding: Imprisonment with prison labor for 2 years, with prison labor for 1 year) and that sentenced by the second instance (two years) for the summary of the grounds for appeal is too unreasonable;
2. The Defendant filed an appeal against the judgment below Nos. 1 and 2, respectively, and the appellate court decided to hold a joint hearing of each appeal against the judgment below No. 1 and No. 2.
However, since each crime of the crimes of Articles 2 and 2 in the judgment of the first instance court was sentenced to a suspended sentence of three years for one year and six months due to a separate crime, and the judgment became final and conclusive on January 3, 2014, the crime of Article 1 in the judgment of the first instance and Article 37 in the judgment of the first instance court should be sentenced separately because the defendant did not have concurrent relation with the crime of Article 37 in the former part of the Criminal Act.
Therefore, I examine the defendant's appeal below by dividing it into those committed before the above final judgment and those committed after the final judgment.
A. From the judgment of the court below of first instance, the crime of this case as to the part of the crime of this case as to the crime of this case No. 1 in the judgment of the court below was committed by deceiving victims as if the defendant did not have been authorized by the Ministry of National Defense, etc. to conclude a marine oil transport agency contract or to conclude a contract for the removal of waste scrap metal, etc., by deceiving them to conclude a marine oil transport agency contract, or by inducing them to conclude a contract for the removal of waste scrap metal, etc., and the crime of this case was committed by deceiving them to be more than 2.60 million won in total under the pretext of contract execution deposit, business promotion activity expenses, etc., and the crime of this case was very poor in light of the crime's circumstance, method, mode, damage size, etc., which still remains unrepared until now, it had been sentenced four times of suspended sentence and three times of fine for the same crime of this case as the same several Acts, and in particular, it was sentenced to a suspended sentence of one year and six months before the suspended execution expires.