Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of first instance regarding Articles 2 and 3 shall be reversed.

Defendant

A. Imprisonment.

1. Summary of grounds for appeal;

A. Defendant A1’s mistake of fact (the part on fraud in the judgment of the first instance judgment) was consistent with the Defendant’s participation in the fraud committed between September 23, 2013 and November 22, 2013. However, the Defendant did not participate in the fraud committed between December 13, 2013 and January 29, 2014, when he returned to Korea and returned to China, and he returned to China for medical care for the treatment of pulmonary pulmonary tuberculosis, etc. during that period.

2) The respective sentence of the lower court’s unfair sentencing (the first instance judgment: imprisonment of 1 year and 6 months; the second instance judgment: imprisonment of 1 year and 3 years: fine of 2 million won) is too unreasonable.

B. Defendant AE’s sentence (10 months of imprisonment) is too unreasonable.

(c)

The first instance court’s punishment of the prosecutor (as to the first instance court’s judgment, all the Defendants) is deemed to be too unhutiled and unfair.

2. Determination

A. 1 Ex officio determination of Defendant A on the grounds for appeal is examined as ex officio prior to the judgment on the grounds for appeal.

In the first instance trial, each appeal case against Defendant A was combined, and each offense in the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake constitutes still subject to a trial by this court.

2) The following circumstances acknowledged by the evidence duly adopted and examined at the first instance court and the first instance court’s judgment as to the assertion of mistake of facts, namely, ① the Defendant stated in the investigation process to the effect that he participated in each of the instant crimes from September 2013 to January 2014; ② the witness BI of the first instance trial also participated in the instant crime with the Defendant from November 201, 2013; and the Defendant took part in the said crime from January 201, 2014 to January 201.