The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

1. The sentence of the first instance court (one year and six months of imprisonment, and three years and six months of imprisonment) and the sentence of the second instance court (one year of imprisonment, one year of imprisonment, and six months of imprisonment, respectively) are too unreasonable.

2. Ex officio determination

A. The judgment of the court of first instance and the judgment of the court of second instance against the defendant A and B were pronounced, and the above defendants appealed against each other, and the court of second instance decided to jointly deliberate on two cases.

However, since the first and second judgment against the above Defendants are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the first and second judgment against the above Defendants cannot be maintained as they are.

B. On May 30, 2018, Defendant G, subject to Article 39(1) of the Criminal Act, was sentenced to imprisonment with prison labor for a crime of fraud, etc. in the branch court of the Daegu District Court, and on November 21, 2018, the same court was sentenced to imprisonment with prison labor for a period of two years and six months, and each appeal was lodged on March 26, 2019, and the judgment on April 3, 2019 became final and conclusive by being sentenced to three years of imprisonment with prison labor for a consolidated trial at the Daegu District Court.

Therefore, inasmuch as the crimes in the judgment of the second instance against Defendant G, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes in the judgment of the second instance is to be imposed in consideration of equity in cases where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act, the judgment of the second instance against Defendant G

3. The decision of the court below on the grounds of the above ex officio reversal, without examining the Defendants’ respective arguments on unfair sentencing, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order pursuant to Article 364(2) of the Criminal Procedure Act are reversed, and the decision is

[Discrimined Judgment] Criminal facts and summary of evidence recognized by the court and summary of the evidence are as follows.