All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the case of the second instance judgment, with regard to the case of 2019 order 1496), the Defendant made efforts to have the victimY attend the general meeting of the association, transfer part of the sale price received from the above Y to the deposit account of the P (owner), etc. The above Y sold in lots. As the agent company changed the name of AC, which is the victim’s father, was omitted from the list of union members, and thus, the court below found the Defendant guilty of this part of the facts charged even though he did not have the intent to deceive or defraud the above Y.

B. The sentence imposed by each court below on the defendant (the first instance court's imprisonment with prison labor for two years and the second instance court's imprisonment for one year and six months) is too unreasonable.

2. Ex officio determination

A. The judgment of the court below in the first and second judgments against the defendant was rendered, and the defendant appealed against each judgment of the court below, and the court decided to consolidate the above two appeals cases.

Therefore, each of the first and second original judgments against the Defendant became concurrent crimes under the former part of Article 37 of the Criminal Act, and in such a case, a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. As such, the first and second lower judgment cannot be maintained in its entirety.

B. On May 15, 2019, the Defendant was sentenced to 10 months of imprisonment, 2 years of suspended execution, 120 hours of community service order, 40 hours of lecture for compliance driving, etc. under the latter part of Article 37 of the Criminal Act at the Incheon District Court Branch Branch of Incheon District Court on the following grounds: (a) the Incheon District Court dismissed the prosecutor’s appeal on April 3, 2020, and the said judgment becomes final and conclusive on April 11, 2020; (b) each of the crimes of the first and second judgment committed prior to the final and conclusive judgment of the above crime of violation of the Road Traffic Act (driving) under the latter part of Article 37 of the Criminal Act with each of the above crimes; and (c) the same is concurrent crimes under the latter part of Article 39(1) of the Criminal Act with each of the above crimes.