We reverse the judgment of the court below.

Defendant

A Imprisonment with prison labor of one year and two months, Defendant B's imprisonment with prison labor of a maximum of 10 months and a short of 8 months.

1. Summary of grounds for appeal;

A. The Defendants’ respective sentence of the lower court (the first instance court - the Defendant A: imprisonment of one year / Defendant B: imprisonment of a maximum of ten months, a short of six months, and a second instance court - Defendant A: imprisonment of six months and six months: imprisonment of a maximum of six months, and imprisonment of four months) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance regarding the Defendants ex officio are sentenced to the judgment of the court of first instance, and the Defendants and the prosecutor filed an appeal against the judgment of the court of second instance, and the court of second instance decided to jointly examine the two appeals cases.

The judgment of the court below against the Defendants should be sentenced to a single punishment in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 347(1), 30(s) of the Criminal Act; Articles 331(2) and 331(1) (special larceny) of the Criminal Act; Article 342 of the Criminal Act; Articles 331(2) and 331(1) (special larceny) of the Criminal Act; Article 332 of the Criminal Act; Article 2(2)2 of the Punishment of Violences, etc. Act; Article 276(1) of the Criminal Act (joint confinement and choice of imprisonment)

B. Defendant B: Articles 347(1) and 30 (the fraud point, the choice of imprisonment), Articles 331(2) and 331(1) (the special larceny point) of each Criminal Act, Article 342 of the Criminal Act, Article 331(2) of the Criminal Act, Article 331(2) of the Criminal Act.