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

Defendant

A shall be punished by imprisonment for four months.

Defendant

A.

The sentence of the lower court (Defendant A: Imprisonment with prison labor for six months, Defendant B: Imprisonment for six months, suspension of execution for two years, and community service order of 160 hours) is too unfluent and unreasonable.

2. Prior to the judgment on the prosecutor’s ex officio determination of unfair sentencing on Defendant A’s part, we examine ex officio.

A. In the relevant legal principles, where the money is acquired by deception on several occasions for the same victim, only a single crime of fraud shall be established if the criminal intent is the same and the method of crime is the same.

(1) In a case where a judgment has become final and conclusive with respect to a part of a crime which is a single comprehensive crime, the judgment of acquittal shall be rendered on the grounds that res judicata effect of the final and conclusive judgment has not yet expired as to the crime committed prior to the rendering of the judgment at the time of rendering the judgment at the fact-finding court.

B. (See, e.g., Supreme Court Decision 2006Do1252, May 11, 2006).

According to the records, Defendant A received 232,266,00 won in total over 15 times from the victim E to March 6, 2014, as stated in the following (2) and acquired the property, and the Defendant was sentenced to a conviction of one year for the crime of fraud of KRW 232,26,00 in Suwon District Court Sungnam Branch on July 2, 2015, and the Defendant appealed on September 4, 2015, but appealed on September 22, 2015, which became final and conclusive on the same day as the case was withdrawn.

2 Defendant A may, around December 2, 2013, receive insurance contracts maintained at least 13 times the amount of the insurance paid to the victim E at least 13 times, and if at least three cases of the insurance contract are terminated, the disciplinary action or withdrawal should be taken against the termination of the contract.

L. 7 years to the insured.