Of them, the part against Defendant A shall be reversed.

Defendant

A is a crime of fraud against victims E.

A. The judgment of the court below (the defendant A: 1 year of imprisonment for the crime of fraud against the victim E; 2 years of imprisonment for the crime of fraud against the victim F; 1 year of imprisonment for the defendant B) is excessively unreasonable.

B. On April 16, 2014, after the date of the first instance trial on April 16, 2014, Defendant B made a statement to the effect that there is no entry of Defendant A and the public tender made with Defendant A on the date of the first instance trial, but Defendant B made a statement in the appellate court on matters not included in the appellate

Even if there is no ground for appeal as otherwise alleged in the statement, it cannot be deemed that there is grounds for appeal (see, e.g., Supreme Court Decision 98Do1234, Sept. 22, 1998) and Defendant B’s above claim do not constitute legitimate grounds for appeal.

2. Determination

A. We examine Defendant A’s grounds for appeal ex officio prior to the judgment on the grounds for appeal by Defendant A.

1) From among the instant criminal facts, the crime of fraud against the victim E was committed on February 4, 2009 by allowing the establishment of each right to collateral security worth of KRW 450 million, a sum of maximum debt amount. The crime of fraud against the victim F shall be acquired by defraudation of KRW 800 million around November 23, 2007. The lower court determined a punishment against the defendant by applying Article 39(1) of the Criminal Act on the grounds that the crime of fraud against the victim E becomes final and conclusive on November 10, 2012 and the crime of fraud against the victim F shall be concurrent crimes under the latter part of Article 37 of the Criminal Act on the grounds that each of the above crimes was concurrent crimes under the latter part of Article 37 of the Criminal Act on the grounds that the crime was committed simultaneously with the crime for which judgment became final and conclusive on July 10, 2008, and Article 37 of the Criminal Act provides that the crime of fraud against the victim E shall be punished by concurrent crimes under Article 39(1) of the Criminal Act.