We reverse the judgment of the court below.

Defendant shall be punished by imprisonment for a term of one year and ten months.

1. Summary of grounds for appeal;

A. The first instance court’s sentence (one year and six months of imprisonment) of the Prosecutor is too unhued and unreasonable.

B. Defendant 2’s imprisonment (five months of imprisonment) is too unreasonable.

2. Each appeal case against the two judgment of the court below against the defendant ex officio was consolidated in the trial, and the facts constituting the crime in each of the above cases are concurrent crimes under the former part of Article 37 of the Criminal Act, and only one punishment should be imposed against the defendant under Article 38 of the Criminal Act. In this regard, the judgment of the court below which sentenced a separate punishment for the facts constituting the crime in each of the above cases cannot be maintained.

(In addition, according to the records, the defendant is sentenced to two years of imprisonment for fraud, etc. at the Suwon District Court on February 12, 2015 and the judgment becomes final and conclusive on the 24th of the same month. As such, each of the crimes of the judgment of the court of first instance in which the judgment becomes final and conclusive is in the concurrent relationship of crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined in consideration of equity in the case where the judgment is to

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is determined as follows through the oral argument.

【Grounds for the judgment of multiple times】 The summary of facts constituting a crime and evidence recognized by this court is the same as stated in each corresponding column of the judgment of the court below, except for the addition of “The judgment of Suwon District Court sentenced on February 12, 2015 to two years of imprisonment for fraud, etc. at the Suwon District Court, which became final and conclusive on February 24, 2015,” and cited it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles concerning facts constituting an offense and selective real estate of choice of punishment;