All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below on the gist of the grounds of appeal is unfair because it is too unreasonable that the punishment (the decision of the court of first instance: imprisonment with prison labor for 10 months and the decision of the court of second instance: imprisonment with prison labor for 4 months) sentenced

2. Prior to the judgment on the grounds for appeal, the judgment of the court below was rendered ex officio, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and in this respect, 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 unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud point, the choice of imprisonment), and Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment);

1. Each of the crimes of this case on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is to acquire a sum of KRW 57 million from the victim E under the pretext of transferring the right to operate a shop in a gymnas, borrowing business funds, etc., and to embezzled a sum of KRW 20 million in money owned by the victim for the operation of a coffee shop in the victim M, and to embezzlement a sum of KRW 20 million in consideration of the content and result of each crime, and the amount of damage, etc., and to be caused by the crime of this case.