All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (defendants) Nos. 1 and 2 shall be sentenced to the sentence against the accused (two and half years of imprisonment with prison labor of the first and half years of the second and eight months of imprisonment with prison labor of the second and half original judgment).

2. We examine ex officio the grounds for appeal following the consolidation of cases prior to the determination of ex officio grounds for appeal.

The first and second original judgments were pronounced to the defendant in sequential order, and the defendant filed each appeal against the first and second original judgments.

This Court decided to consolidate the above two appeals cases.

However, each crime that the first and second original judgment found guilty is a concurrent crime under the former part of Article 37 of the Criminal Code.

In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Accordingly, the first and second original judgments cannot be maintained as they are.

3. According to the conclusion, without examining the Defendant’s assertion of unfair sentencing, all the judgment of the first and second lower courts under Article 364(2) of the Criminal Procedure Act are reversed, and the following is again decided upon through pleading.

【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court (including a list of crimes) and summary of evidence are as stated in the corresponding columns of the first and second original judgments.

Therefore, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of occupational embezzlement listed in the No. 1 and No. 3 of the first judgment of the court of first instance: Articles 356 and 355(1) of the Criminal Act (a) (a comprehensive sentence for each victim company and choice of imprisonment);

(b) The point of occupational embezzlement in the sequence 2 and paragraph (4) of the first judgment of the court: Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act (including each victim company);

(c) Illegal use by private person: Article 239(1) of the Criminal Act.

(d) An illegal user event: Article 239(2) and (1) of the Criminal Act.

1. Concurrent Crimes: the former part of Article 37 and Article 38 of the Criminal Act;