The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A's Decision [2016 Highest 5763] 1-A.

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants [Defendant A: 2 years of imprisonment for each of the crimes listed in the holding of the lower court [Defendant A: 5,00,00 won [2] 1-Ga or 5763] of the [2017 highestest 3938] and [2016 highestest 5763] of the lower judgment] 1-Ma, F, 4 and 2650 of the judgment of the lower court [2017 highest 2650] and 2-years of the lower court, Defendant B: fine 5,00,000, Defendant C’s imprisonment and 2-years of suspended execution] are too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. Determination ex officio on Defendant A

A. Where multiple acts falling under the name of the same crime are continuously conducted for a single and continuous period under the same criminal intent, and the damage legal interests are the same, all these acts shall be punished by a single comprehensive crime (see, e.g., Supreme Court Decision 2007Do8645, Nov. 11, 2010). In a case where money is acquired through deceptive act several times against the same victim in a crime of fraud, if the criminal intent is single and the same method is identical, only a single comprehensive crime of fraud is established (see, e.g., Supreme Court Decisions 2002Do2029, Jul. 12, 2002; 2004Do5598, Jan. 28, 2005); and where individual crimes falling under a single comprehensive crime committed through a final judgment of another type, the following facts are not separated from the final judgment, and the records are not recognized at the time of the completion of the final judgment (see, e.g., Supreme Court Decision 2003Do5232, Feb.

① On April 8, 2011, the Defendant was sentenced to imprisonment for fraud at the Busan District Court for one year and six months [the Busan District Court Decision 2010No. 2796, No. 2011 No. 469, Apr. 8, 201; hereinafter “final judgment 1”); and the above judgment on April 16, 201 became final and conclusive.

② On November 19, 2014, the Defendant is punished by imprisonment with prison labor for six months and two years of suspended execution, which was committed before a final and conclusive judgment rendered by the Busan District Court becomes final and conclusive.