The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for four years and for two years and six months, respectively.

Defendant .

1. Summary of grounds for appeal;

A. The grounds for appeal by the prosecutor that the punishment prescribed by the court of the original judgment (two years and six months of imprisonment) with respect to Defendant A is too unfasible and unfair is the reason for appeal by the prosecutor, and the defendant's appeal is too unreasonable.

On the other hand, the defendant argued that he was guilty on the date of the first trial of the court of first instance, but argued that he was found to have reached the second trial date.

The first argument was about the deadline for submitting the grounds for appeal.

B. The judgment of the court below which acquitted Defendant B of the embezzlement of the victim Q constitutes a mistake of fact, which affected the conclusion of the judgment.

In addition, the punishment prescribed by the court of the court of the original instance (one year and six months of imprisonment) is too unhutiled and unfair.

2. Determination

A. As to Defendant A, Defendant A seems to have led to confession and reflect on considerable parts of the crime.

Since the crime of this case is in the relationship of concurrent crimes with the crime of fraud for which two judgments have become final and conclusive, it is necessary to determine the punishment in consideration of equity in the case of concurrent judgments with all of them.

However, the liability of Defendant A for the crime is not against the law.

A total of KRW 500 million is damaged by fraud and embezzlement to 5 victims.

Before the latter concurrent crimes, the crime of forging a private document and the crime of larceny in the amount of KRW 145 million has been committed (a year and 8 months imprisonment), and the crime of embezzlement in the amount of KRW 116 million has been committed (a total of 8 months imprisonment). According to the total of 8 months, the damage amount is a total of KRW 760 million, and the damage amount is a total of KRW 760,000,000, and the damage amount has not been restored despite the large amount of damage.

If 2 years and 6 months of the final and conclusive imprisonment, if the court below's two years and 6 months are added, it will be 4 years and 10 months in winter.

In addition to the latter concurrent crimes, the accused has several criminal records.

In addition, the age, sex, environment, and crime of the defendant.