All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and four months.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for three years, and the second instance judgment: imprisonment with prison labor for four months) is too unreasonable.

2. As the first and second judgments of the lower court appealed in the trial, each of the crimes in the first and second judgments against the Defendant became concurrent crimes under the former part of Article 37 of the Criminal Act.

In such cases, Article 38 of the Criminal Code should be ruled simultaneously and sentenced to one punishment, so the judgment of the first and second court can no longer 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, and it is again decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court of first and second instances. 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 applicable to the facts constituting an offense and Article 347(1) of the Criminal Act (the fact of fraud caused by the conclusion of a charter contract in excess of the delegation scope to lessees, choice of imprisonment), Articles 347(1), 30 of the Criminal Act, Articles 356 and 355(2) of the Criminal Act (the fact of fraud against the Korean Land and Housing Corporation), Articles 356 and 35(2) of the Criminal Act, Article 231 of the Criminal Act (the fact of occupational breach of trust, choice of imprisonment), Article 234 of the Criminal Act, Article 231 of the Criminal Act, Article 231 of the Criminal Act (the fact of the exercise of the above investigation document concerning the charter contract in the name of the lessor and the monthly charter contract in the name of the lessee), Articles 231 and 30 of the Criminal Act, Articles 231, 230 (Appointment of Imprisonment, Articles 234 and 231 of the Criminal Act).