The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. The summary of the grounds for appeal (unfair sentencing) by each court below (the first instance court: imprisonment with prison labor for three years and two years) declared by each defendant is too unreasonable, and the defendant explicitly withdraws the grounds for appeal by mistake of facts against the second court judgment.

2. The judgment of the court below and the judgment of the court below of first instance and the judgment of the court of second instance on the grounds for appeal against each of the defendant's respective judgment of the court below ex officio are merged with the first instance court, and each of the crimes in the judgment of the court of first instance and the crimes in the judgment of the court of second instance in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and the crimes in the judgment of the court of second instance are concurrent crimes under the former part of Article 38 (1) of the Criminal Act, and shall be sentenced to a single sentence within the scope of the punishment aggravated for concurrent crimes pursuant to Article 38

3. Accordingly, the judgment of the court below is reversed and the conviction portion of the judgment of the court below of first instance and the judgment of the court below of second instance are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for another judgment】 The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column of each judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 13719, Jan. 6, 2016); Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 13719, Jan. 6, 2016); Article 347(1) of the Criminal Act (including frauds listed in the No. 1 or 11 of the List of Crimes attached to the First Instance); Article 347(1) of the Criminal Act (including frauds listed in the No. 12 of the List of Crimes Attached to the First Instance; No. 1 through 19, 21 or 23 of the List of Crimes Attached to the Second Instance.