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

Defendant

A shall be punished by imprisonment with prison labor for one year.

(2).

A. The Defendants did not deceiving the victim as stated in the facts constituting the crime in the judgment of the court below, and sold Aluminium excess with the consent of the victim, and the victim borrowed the sales proceeds to the Defendant A and remitted the sales proceeds directly to the Defendants’ account. Defendant A had the intent or ability to pay USD 330,000 in total of the revenue and its profits at the time.

Nevertheless, the lower court found the Defendants guilty of charges, and thus, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Even if all the facts charged against the Defendants of unfair sentencing are found guilty, each sentence imposed by the lower court on the Defendants (one year of imprisonment, one year of suspended execution, two years of suspended execution, and one hundred and twenty hours of community service) is deemed unfair.

2. According to the evidence duly adopted and examined by the court below and the court below ex officio prior to the judgment on the grounds for appeal by the Defendants, the above judgment became final and conclusive on July 7, 2016 after being sentenced to a suspended sentence of three years and 80 hours of imprisonment for fraud at the Seoul Eastern District Court on February 3, 2016 at the Seoul Eastern District Court, which became final and conclusive on July 7, 2016. The crime of the judgment of the court below against Defendant A and the crime of fraud, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the judgment of the court below in consideration of equity with the case where the judgment is rendered simultaneously in accordance with the latter part of Article 39(1) of the Criminal Act. In this regard, the part against Defendant A

However, even if there is a ground for ex officio reversal in the judgment of the court below on the part of defendant A, the defendant A's assertion of mistake is still subject to the judgment of this court.

3. Determination as to the allegation in the grounds of appeal