1. All the judgment of the court below (excluding the part of the compensation order among the judgment of the court of second instance) shall be reversed.

2. Five years of imprisonment.

1. Summary of grounds for appeal;

A. Defendant 1’s imprisonment (three years and six months of imprisonment) and the second instance court’s imprisonment (two years of imprisonment) are too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

Article 38(1) of the Criminal Act provides that the first and second original judgments against the defendant shall be pronounced, and the prosecutor filed an appeal against the first and second original judgment against the defendant, and this court decided to hold concurrent hearings of each of the above appeal cases. The above crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus one sentence against the defendant shall be imposed pursuant to Article 38(1) of the Criminal Act. As such, the first and second original judgment (excluding the part of compensation order among the original judgment of the second court) cannot be maintained.

3. In conclusion, the first and second judgment of the court below is reversed, and the judgment below is reversed and it is again decided as follows, without examining the grounds for appeal by the defendant and prosecutor, pursuant to Article 364(2) of the Criminal Procedure Act.

【Grounds for Appeal】 The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence in the judgment of the court of first and second instances, and thus, they are quoted 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) Fraud: Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act comprehensively;

(b) Points of occupational embezzlement: Articles 356 and 355 (1) of the Criminal Act;

(c) An occupation of the same Article of private documents: Article 231 of the Criminal Act;

(d) An occupation of exercising a falsified investigation document: Articles 234 and 231 of the Criminal Act;

2. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.