Defendant 3.

A. The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for one year, the second instance judgment: imprisonment with prison labor for one year and four months, and the third instance judgment: fine of three million won) is too unreasonable.

(b) The form of the first original ruling of the Prosecutor is too unhued and unreasonable;

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

As each case of the judgment of the court below is merged in the trial of the party, each crime of the judgment of the court below against the defendant became concurrent crimes under the former part of Article 37 of the Criminal Code.

In this case, in accordance with Article 38 of the Criminal Code, one sentence should be sentenced simultaneously, so the judgment of the court below against the defendant can no longer be maintained.

3. As such, the judgment of the court below is reversed on the ground that there is a ground for reversal of authority as above, and thus, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 317(1) of the Criminal Act as to the facts constituting an offense (including the fraud, communications of the victim Co., Ltd., and each fraud against T&C) Article 330 of the Criminal Act (including each fraud of the victim Co., Ltd., and each fraud of E&C) and Articles 330 of the Criminal Act (including each fraud of the night room, intrusion theft against the 63 mobile phones) of the Criminal Act, Article 329 of the Criminal Act (Article 329 of the Criminal Act) of the Criminal Act, Article 355(1) of each Criminal Act (including each embezzlement, and embezzlement against the victim Co., Ltd., Ltd.) (including each embezzlement of embezzlement), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (a) of the same Act

1. Selection of penalty;