A. The punishment of the lower court by Defendant A (the first instance court: the imprisonment of one and half years, and the second instance court: the imprisonment of two months) is too unreasonable.

B. Defendant B’s punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against Defendant A.

Since each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, the part of the judgment of the court of first instance against the defendant A and the part against the defendant A among the judgment of the court of second instance cannot be maintained as it is.

Meanwhile, according to the records, Defendant B was sentenced to two months of imprisonment for a crime of fraud using computers, etc. at the Daejeon District Court on September 1, 2017, and on September 9, 2017, it can be known that the above judgment became final and conclusive. The above crime and the crime of this case, for which judgment became final and conclusive, are concurrent crimes with a group after Article 37 of the Criminal Act, and the punishment for the crime of this case is set at the same time under Article 39(1) of the Criminal Act, taking into account equity and equity, and thus, the part of the case against Defendant B among the judgment of the court of first instance cannot be maintained any more.

3. According to the conclusion, the part of the judgment of the court of first instance concerning the defendant and the part concerning the defendant A among the judgment below of the court of second instance on the grounds that there exist grounds for reversal of the above authority. Thus, without examining the defendants' unfair argument about sentencing, this part is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and this part is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows: “Defendant B was sentenced to two months of imprisonment with prison labor for computer and other fraud at the Daejeon District Court on September 1, 2017, and the above judgment was finalized on September 9, 2017.

“1. Date of confirmation, i.e., Ruling” in the summary of the evidence.