All the judgment of the court below are reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and two months, and by imprisonment with prison labor for eight months.

Summary of Grounds for Appeal

Defendant

A Each punishment (the first instance court: imprisonment with prison labor for 1 year, and 6 months) of the original court is unreasonable.

Defendant

B Each punishment (the first instance court: the imprisonment of six months and the second instance: the imprisonment of six months) of the original court is unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal for ex officio judgment.

The court of the first instance decided to consolidate each appeal case against the original judgment.

However, since the crimes of the original judgment are concurrent crimes under the former part of Article 37 of the Criminal Act for each of the defendants, the concurrent crimes should be sentenced to one punishment for each of the defendants in accordance with Article 38 of the Criminal Act.

Therefore, the decision of the court below cannot be upheld as it is.

3. If so, the court below's decision is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and it is again decided as follows through pleading.

[Dao-written judgment] Criminal facts and the summary of evidence recognized by the court and the summary of the evidence are all the same as stated in the corresponding column of the original judgment. Therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendant A of the pertinent legal provision on criminal facts: Article 328 of the Criminal Act, Article 347(1) of the Criminal Act (Fraud) and Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles) and Article 360(1) of the Criminal Act (the point of embezzlement): Article 347(1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Defendants of repeated crimes: Article 35 of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. The reason for sentencing of Article 333(1) of the Return Criminal Code [Defendant A] The defendant recognized all the crimes and recognized the mistake, part of the victim does not want the punishment of the defendant, and the amount of damage to each of the crimes.