The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for a period of eight months.

Defendant

D, E.

1. Summary of grounds for appeal;

A. Although Defendant B 1 did not have conspired to commit the instant crime with M, the lower court recognized that Defendant B conspiredd with M, etc. from the beginning to the effect that Defendant B offered that M purchased a vehicle with an installment financing from a financial institution and offered a method of obtaining profits by selling the vehicle by means of a “motor vehicle tin” as a prompt term, and Defendant B conspired to commit the instant crime. In so doing, the lower court erred by misapprehending the facts. (2) In so doing, the lower court erred by misapprehending the facts, and thus, was unreasonable. (3) The lower court’s sentence of unfair sentencing (eight months of imprisonment) is too unreasonable.

B. Defendant D’s imprisonment (eight months of imprisonment) is too unreasonable.

C. Defendant E’s imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal as to Defendant B’s ex officio.

According to the records, Defendant B was sentenced to one year of imprisonment with prison labor for a violation of the Guarantee of Workers' Retirement Benefits Act at the Ulsan District Court on February 17, 2016 and the decision became final and conclusive on July 8, 2016.

Therefore, the crime of violation of the Act on the Guarantee of Workers' Retirement Benefits against Defendant B and the crime of violation of the Act on the Guarantee of Workers' Retirement Benefits for which judgment has become final and conclusive is a concurrent crime under the latter part of Article 37 of the Criminal Act, and the punishment for each crime should be sentenced in consideration of equity in the case where a judgment is

The court below stated in the first head of the criminal facts in violation of the Act on the Guarantee of Workers' Retirement Benefits, and stated in the application column of the law "the latter part of Article 37 and Article 39 (1) of the Criminal Act", which is the provision on the treatment of ordinary insurance crimes, but when determining the punishment for concurrent crimes under the latter part of Article 37 of the Criminal Act, the court below should consider equality based on the criminal facts of the finalized criminal facts, and the record is the court's decision on the violation