All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. The decision of the court below on the summary of the reasons for appeal (Article 1: 8 months of imprisonment: 2 years of imprisonment; 3 years of imprisonment; 8 months of imprisonment) is too unreasonable; and

2. Prior to the judgment on the grounds for appeal by the defendant, the court of first instance decided to hold a joint hearing of each appeal case by the court below against the defendant. Each of the offenses of the judgment below in this case is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority exist, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: the facts charged in the judgment of the court of first instance and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the fact that the facts charged in the judgment of the court of second instance were used as " around December 5, 2012" in Part 8 of the above judgment of the court of second instance as " around December 5, 2010." Thus, they are quoted as it is

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act for the crime concerned, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, there are circumstances such as the fact that the defendant, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, led to the confession and reflection of each of the crimes of this case, and paid KRW 10 million to the victim C. However, each of the crimes of this case is for about two years.