The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Of the facts charged, the fraud against the victim B is committed.

The defendant is deemed to have a prison term (four years of imprisonment) of the court below.

The appeal was lodged.

The grounds for appeal shall be considered ex officio prior to examining the grounds for appeal.

The defendant was tried by serving a public notice under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings without being served with the copy of the indictment and a writ of summons, etc. at the court below and the judgment became final and conclusive. The defendant was determined to recover the right of appeal on grounds that he was unable to attend the trial due to

Since these circumstances constitute grounds for reexamination under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the trial should proceed with a new litigation procedure to the defendant and make a new judgment according to the results of a new trial.

The judgment of the court below cannot be maintained as it is.

The judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the grounds that the judgment of the court below is reversed ex officio, and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 354 and 328(1) [Article 328(1) which applies mutatis mutandis under Article 354 of the Criminal Act] of the Exemption of Punishment Act shall be exempted from punishment for the crimes under Article 323 between lineal blood relatives, spouse, relatives living together, family members living together, or their spouse.

‘The Court has set forth above'.

According to the records, such as the examination of suspect, etc. of the defendant, B is recognized as the defendant's child. Thus, among the facts charged in this case, the defendant's error in sentencing should be exempted from punishment. Of the facts charged in this case, the defendant's error in sentencing is divided in depth, and some of the victims were officers of the company.