All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

seizure from the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles have aiding and abetting the Defendant to commit the fraudulent act by a person without a name, but even though there was no conspiracy of deception, there is an error of misunderstanding of facts and misunderstanding of legal principles in the judgment of the first instance, which judged that the Defendant constitutes a joint principal offender in the crime of fraud. 2) The punishment of each judgment of unfair sentencing [Article 1: imprisonment: 1.8 months, 1.4 months, 1.4 months and 2.7 million won: 1 year, 2.7 million won and 2.

B. A prosecutor 1) misunderstanding of facts and misunderstanding of legal principles are acknowledged, even though the defendant did not form a joint principal offender of fraud and did not share the act of deception with his name-free persons and the defendant's act of deception, there is an error of misunderstanding of facts and misunderstanding of legal principles in the judgment of the second instance, which judged that only the crime of aiding and abetting fraud is established. (2) The punishment of the judgment of the second instance (one year of imprisonment and two

2. Prior to the judgment on the grounds for appeal ex officio, the first and second original judgments against the defendant were rendered, respectively, and the appeal was filed by the prosecutor (limited to the second original judgment) and the defendant (limited to the first and second original judgment), respectively, and the court rendered a decision to jointly examine these cases.

The above judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot avoid all reversal.

The defendant and prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles are still subject to the judgment of this court, and this is examined.

3. Judgment on the Defendant’s misunderstanding of facts and misapprehension of legal principles (related to the first judgment)

A. The joint principal offender under Article 30 of the Criminal Act is jointly and severally committed by two or more persons, and the establishment of joint principal offender is subjective in order to form joint principal offender.