The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Of the facts charged in the lower judgment, the crime of embezzlement as of September 8, 2012 and the crime of fraud against the victim AB are identical to the date, place, and basic facts in the same manner as the object of the crime. Therefore, the prosecution against the victim AB made subsequent to the crime is illegal as a double indictment, and is not so.

Even if the crime of fraud against the victim AB is established, it cannot be deemed that there was the intention of illegal acquisition of the crime of embezzlement, so the crime of embezzlement is not established separately.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.

2. Determination

A. Since the identity of the facts charged or the facts charged is the concept of the Criminal Procedure Act as to the assertion of misapprehension of the legal principles, it is necessary to consider the significance or the legal function of the criminal procedure. Therefore, whether the basic facts of two crimes are identical or not can not be grasped solely from a purely social and all legal perspective without completely excluding the normative elements, and it is reasonable to view that such normative elements constitute a substantial part of the identity of basic facts, in addition to whether the natural, social, or defendant's act is identical.

(See Supreme Court en banc Decision 93Do2080 Decided March 22, 1994. As to the instant case, the Defendant: (a) committed embezzlement as of September 8, 2012 on the part of the victim’s agricultural partnership; (b) arbitrarily sold the studal ma in custody to AB and embezzled the studal ma in custody; and (c) the Defendant committed fraud against AB; and (b) without intent or ability to sell the studal ma normally around September 8, 2012; and (d) acquired the money equivalent to the studal ma by concluding a contract of the stalma sales with AB.