All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. Defendant 1) Of the Defendant’s case of erroneous determination of facts (Article 1) in the judgment of the first instance court, in the case of Suwon District Court 2016 High Court 702, the Defendant could not pay the amount of compensation to the victims on the wind accumulated by the enemy in the course of operating the business. The Defendant deceivings the Defendant, or the Defendant did not have intention to commit fraud from the beginning. Nevertheless, there was an error of misapprehending the legal principles regarding unjust sentencing (Article 1 and 2 of the judgment of the first instance court) (Article 2 of the judgment of the lower court), the Defendant and the defense counsel of this court submitted the summary of the pleadings on April 9, 2018, and made statements on the first and second trial dates (Article 1 and 2 of the judgment of the first instance court), and expressed the purport that only the grounds for appeal except for the case of Suwon District Court 2016Da702.

The sentence of imprisonment (five years of imprisonment and two months of imprisonment) imposed on the accused by the first and second original judgment is unreasonable.

B. The sentence of imprisonment (five years of imprisonment) imposed on the Defendant by the first instance judgment (the first instance judgment) is unreasonable.

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

A. On the Defendant, the first and second original judgments were separately sentenced, and only the Defendant and the prosecutor appealed against the second original judgment, and only the Defendant appealed against the second lower judgment.

On March 15, 2018, this Court decided to consolidate two appeals cases.

However, since each of the crimes of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, the defendant must be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act.

Therefore, the first and second original judgments cannot be maintained as they are.

B. Meanwhile, on April 19, 2018, the prosecutor revises the facts charged with the following content.