Defendant shall be punished by imprisonment.

A. Defendant 1) misunderstanding of facts (Article 2-2(b)A of the lower judgment), the Defendant introduced T, A, etc. to N, the principal offender of the instant fraud crime, and referred to as “T and A” as the amount of mechanical price equivalent to the deposit, and thereafter received KRW 5 million from A to B under the pretext of money. However, the aforementioned facts alone cannot be said that the Defendant did not have any intent to functional control or joint processing necessary for the establishment of a joint principal offender of the instant fraud.

B) This part of the machinery is not de facto scrap metal, but is in excess of the amount of fraud recognized by the lower court. 2) Each sentence (the part concerning the crime of No. 1 of the lower judgment: imprisonment with prison labor for 4 months, 2 of the crime: Imprisonment with prison labor for 10 months, and 2 of the lower judgment: Imprisonment with prison labor for 8 months) declared by the lower court of unfair sentencing.

B. Each punishment sentenced by the first instance court (limited to the judgment of the first instance court) is excessively unhued and unreasonable.

2. Ex officio decision (each of the crimes in Article 2 and the judgment of the court of first instance against the judgment of the court of second instance)

A. Each part of the judgment of the court of first instance and each part of the judgment of the court of second instance were pronounced to the defendant, and the defendant and the prosecutor filed each appeal against the part of the judgment of the court of first instance concerning each of the crimes of second, and the defendant filed each appeal against the judgment of the court of second, and the court of second, decided to jointly

However, since the crimes in Article 2 and the crimes in Article 2 of the judgment of the court of first instance against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act, each of the crimes in Article 1 and the judgment of the court of second instance cannot be maintained as they are.

However, the part of the judgment of the court of first instance, even though the defendant and the prosecutor filed each appeal, the above part was sentenced to a separate punishment pursuant to the latter part of Article 37 of the Criminal Act, and there is no relationship between the remaining crimes and the sentence.