All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. The sentence of the first instance judgment by the prosecutor (two years and six months of imprisonment) is too unhued and unreasonable.

B. The punishment of each of the judgment below by the defendant (the first judgment: imprisonment of 2 years and 6 months, and 2 months: imprisonment of 8 months) is too unreasonable.

2. As to each judgment of the court below, the prosecutor filed each appeal against the judgment of the court of first instance, and this court decided to hold a joint hearing of each appeal case.

However, since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. If so, the court below’s decision is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the grounds for ex officio reversals by the defendant and the prosecutor, and it 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 stated in the corresponding columns of the judgment of the court of first instance and the judgment of the court of second instance. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 347(1) and 347(1) of the Criminal Act, Article 347(1)(b) of the Criminal Act, Articles 359 and 355(2) of the Criminal Act, Article 355(1) of the Criminal Act, Articles 355(1) of the Criminal Act, each of the choice of punishment for the crime;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning concurrent crimes (trade between each crime at the time of sale and fraud, etc. in which judgment becomes final and conclusive);

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act do not specify the damage amount of the instant fraud and embezzlement crime, and most of the damage was not recovered, and thus, the circumstances unfavorable to the Defendant are unfavorable.