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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.
2. The judgment is based on the following circumstances: (a) the Defendant carried out a land development project with another person’s capital under bad credit; (b) the investor, lender, and contractor who carried out the construction; and (c) acquired or embezzled investment money, borrowed money, and pecuniary gains equivalent to the construction cost; (d) the Defendant’s liability in light of the frequency of the crime and the scale of damage; (c) the victim of the crime of embezzlement did not agree with C; (d) the victim of the crime of embezzlement did not agree with the victim of the crime of fraud; and (e) the Defendant had a history of criminal punishment
However, the Defendant’s recognition of all of the instant offenses is against the Defendant, and the lower court agreed with the Defendant N of the victim of the crime of fraud at the lower court, and the victim’s actual damage amount seems to be much less than the amount actually suffered by the victims considering the victim H, K, and M’s refusal to have been punished, the amount of damages recovered ex post facto, and each of the instant offenses appears to have been committed by the Defendant on March 11, 2016 after being sentenced to imprisonment with labor for one year and six months at the Ulsan District Court sentenced on May 16, 2016 at the Ulsan District Court and sentenced on May 16, 2016, with regard to the concurrent crimes under Article 37 of the Criminal Act, the equity between the Defendant and the case to be adjudicated simultaneously pursuant to Article 39(1) of the Criminal Act, and the Defendant’s age, sex, environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc. are considered unfair and reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.
[Judgment in writing]