The judgment below

The third part of the judgment is reversed.

The defendant shall be punished by imprisonment with prison labor for the third crime of the judgment of the court below.

1. The summary of the grounds for appeal (e.g., punishment Nos. 1 and 2 in the original judgment): Imprisonment with prison labor for 6 months and imprisonment with prison labor for 3 months in the original judgment: 4 months) is too unreasonable.

2. Determination

A. In full view of the following facts: (a) the amount of defraudation of crimes Nos. 1 and 2 in the holding of the court below exceeds KRW 110 million; and (b) other factors of sentencing indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to the instant crime; (c) the means and consequence, etc. before and after the instant crime, the sentence of the court below on crimes Nos. 1 and 2 in the holding of the court below is too unreasonable.

Therefore, the defendant's assertion of unreasonable sentencing is without merit.

B. In view of the fact that the Defendant for the crime No. 3 as indicated in the holding of the lower judgment was making efforts to recover damage, such as paying the victim additional KRW 15060,000, and that the Defendant recognized all of the crimes, the lower court’s punishment for the crime No. 3 as indicated in the holding of the lower judgment is too unreasonable.

Therefore, this part of the defendant's assertion of unreasonable sentencing is justified.

3. In conclusion, since the defendant's appeal against the third part of the judgment of the court below as to the crime of violation of Article 364 (6) of the Criminal Procedure Act is well-grounded, the part concerning the third part of the judgment of the court below as to the crime of violation of Article 364 (6) of the Criminal Procedure Act shall be reversed, and the defendant's appeal against the first and second part of the judgment of the court below shall be dismissed pursuant

【The reasons for the judgment of multiple times: The facts constituting the crime and the summary of evidence in the judgment of the court below are the same as the facts constituting the crime and the summary of evidence in the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. It is so ordered as per Disposition on the grounds of the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the choice of punishment, and imprisonment or heavier punishment;