1. The part of the judgment of the court below as to the crime No. 3 of the judgment against Defendant B shall be reversed.

Defendant

B- Decision 3.

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the above defendant A (two months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

B. Defendant B’s punishment (one year and eight months of imprisonment with prison labor for each of the crimes of No. 2 at the time) sentenced by the lower court to the above Defendant is too unreasonable.

2. Determination

A. Examining the judgment of the lower court on the Defendant A’s assertion of unreasonable sentencing by comparing the sentencing conditions indicated in the instant records and arguments with the reasons for sentencing the lower court’s judgment, it does not seem that the said Defendant’s punishment is too unreasonable.

B. 1) On Defendant B’s assertion of unfair sentencing, comparing the four-month imprisonment with prison labor for each of the crimes listed in Article 2 of the decision of the court below with the sentencing conditions stated in the records and arguments of this case, the sentence of the court below on each of the crimes listed in Article 2 of the decision of the court below cannot be deemed unfair on the ground that the sentence of the court below on each of the crimes listed in Article 2 of the decision of the court below is too unreasonable (However, pursuant to Article 25 of the Rules on Criminal Procedure, Article 25 of the Rules on Criminal Procedure, Article 4 of the "paragraph (1) (the point of public offering fraud, the choice of imprisonment

[2] 2) We examine ex officio the grounds for appeal by the above defendant prior to the judgment on the grounds for appeal by the above defendant in the part of 1 year and 8 months of imprisonment with prison labor for the crime

A) According to the records, on December 3, 2008, the Defendant was sentenced to 10 months of imprisonment for fraud at the Seoul East Eastern District Court and 2 years of suspended execution, and the above judgment became final and conclusive on December 11, 2008 (hereinafter “Article 1”).

() On October 9, 2009, the Suwon District Court sentenced 4 months of imprisonment with prison labor and 1 year of suspended execution as a crime committed on or around June 2005 and around September 2006, and the above judgment was finalized on October 17, 2009 (hereinafter “Article 2”).

B) In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, a crime for which judgment has not yet been rendered has already been rendered.