All judgment of the court below shall be reversed.

(1) The defendant shall be sentenced to six months of imprisonment with prison labor for the first crime in the judgment of the court of first instance.

1. Summary of grounds for appeal;

A. The part concerning the crime of misunderstanding of facts (the judgment of the court below) No. 1 in the judgment of misunderstanding of facts (the first instance court) provides for the return of a lot of oil to the owner of the oil, and the part of the oil to be supplied to the victim F was believed to have been supplied to K. Since K did not comply with the promise, it becomes impossible for the victim to supply the oil to the owner. Therefore, the Defendant was at the time of providing the victim with the intent or ability to supply the oil. 2) The part concerning the crime No. 3 in the judgment of the court below as to the crime No. 3 in the judgment of misunderstanding of facts (the judgment of the court below as to the crime of misunderstanding of facts) was conducted in the name of the victim in consultation with the victim's staff R in order to diversify the credit limit with the victim's personnel R in the size of the credit trade with the victim's employees. In fact, the Defendant promised to be supplied with the oil and received the oil from the victim.

Therefore, the defendant did not deceiving the victim and did not have the intention of deceiving the victim at the time.

B. Each sentence imposed by the court below on the defendant (Article 1 of the first instance judgment: Imprisonment for 6 months, and Articles 2 through 4 of the first instance judgment: Imprisonment for 3 years, and imprisonment for 6 months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

A. First, with respect to the part of the judgment of the court of first instance regarding the crime of Article 1, the term “a crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and the crime committed before such judgment has become final and conclusive” constitutes concurrent crimes stipulated in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal

Meanwhile, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, a crime not yet adjudicated has become final and conclusive.